WASHINGTON (AP) — The Supreme Court on Monday agreed to decide whether states can continue to count late-arriving mail ballots, which have been a target of President Donald Trump.
The justices took up an appeal from Mississippi after a panel of three judges nominated by the Republican president on the 5th U.S. Circuit Court of Appeals ruled last year that the state law allowing ballots that arrive shortly after Election Day to be counted violated federal law.
Mississippi is one of 16 states and the District of Columbia that accept mailed ballots received after Election Day as long as the ballots are postmarked on or before that date, according to the National Conference of State Legislatures.
An additional 14 states allow the counting of late-arriving ballots from some eligible voters, including overseas U.S. service members and their families, according to a filing from Democratic-led states that urged the justices to reverse the appellate ruling.
The case will be argued in the late winter or early spring. A final ruling almost certainly will come by late June, early enough to govern the counting of ballots in the 2026 midterm congressional elections.
Mississippi Attorney General Lynn Fitch, a Republican, told the Supreme Court that the appellate ruling “will have destabilizing nationwide ramifications” if left in place.
“The stakes are high: ballots cast by — but received after — election day can swing close races and change the course of the country,” Fitch wrote.
Trump has claimed that late-arriving ballots and drawn-out electoral counts undermine confidence in elections. In March, the Republican president signed an executive order on elections that aims to require votes to be “cast and received” by Election Day. The order has been challenged in court.
The Republican National Committee and the Libertarian Party of Mississippi led the challenge to the Mississippi law. A federal judge dismissed a similar challenge to Nevada’s law, but the decision has been appealed.
The Supreme Court is separately considering reviving a lawsuit filed by Rep. Mike Bost, R-Ill., and backed by the Trump administration that challenges Illinois’ ballot receipt law. The issue is whether the congressman has the legal right to sue.
Some Republican-led states, including Kansas and North Dakota, have taken steps to stop counting late-arriving ballots. In Ohio, Republican lawmakers are advancing legislation that would require ballots to be received by Election Day, closing the window for mailed ballots. The measure has passed the state Senate.
In the Mississippi case, Judge Andrew Oldham wrote for the appellate panel that Congress established a “singular” Election Day for members of Congress and presidential electors, “by which ballots must be both cast by voters and received by state officials.” Judges James Ho and Stuart Kyle Duncan joined Oldham’s opinion invalidating the Mississippi law.
The ruling reversed a decision by U.S. District Judge Louis Guirola Jr., who had held that there was no conflict between the state and federal laws. “All that occurs after election day is the delivery and counting of ballots cast on or before election day,” wrote Guirola, who was nominated by President George W. Bush, a Republican.
Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
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An earlier version of this story incorrectly listed Colorado and Utah as among the states accepting late-arriving ballots by mail. That sentence has been deleted.
FILE - The Supreme Court building is seen, June 27, 2024, in Washington. (AP Photo/Mark Schiefelbein, File)
FILE - The Supreme Court in Washington, Nov. 4, 2020. (AP Photo/J. Scott Applewhite, File)
NEW YORK (AP) — US stocks drifted higher to more records on a holiday-shortened day of trading. The S&P 500 rose 0.3%. The Dow Jones Industrial Average climbed 0.6%, and the Nasdaq composite edged up 0.2%. Markets closed early for Christmas Eve and will remain closed for Christmas Thursday. The S&P 500 is up more than 17% this year, driven by optimism about artificial intelligence and deregulatory policies. Investors focus is on the U.S. economy’s direction and Federal Reserve interest rate policy. Unemployment claims fell last week, indicating a still-healthy labor market. Dynavax Technologies soared after French pharmaceutical company Sanofi said it would buy the vaccine maker.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
NEW YORK (AP) — Wall Street slightly higher in midday trading Wednesday as markets hovered near record levels on a holiday-shortened trading day.
The Dow Jones Industrial Average was up 0.4% as of 11:15 a.m. Eastern. The S&P 500 index was up less than 0.2% and the Nasdaq Composite was down 0.1%.
Markets will close at 1 p.m. ET for Christmas Eve and are closed for Christmas. Markets will reopen for a full day of trading on Friday, however volumes are expected to be light this week with the holiday and most investors having closed out their positions for the year.
The S&P 500 is up more than 17% this year, as investors have embraced the deregulatory policies of the Trump administration and been optimistic about the future of artificial intelligence in helping boost profits for not only technology companies but also for broader Corporate America. The biggest performers this year include Nvidia and Micron Technologies, both companies that make chips or other components that power the proliferation of data centers across the country.
Much of the focus for investors for the next few weeks will be on where the U.S. economy is heading and where the Federal Reserve will move interest rates. Investors are betting the Fed will hold steady on interest rates at its January meeting.
The U.S. economy grew at a surprisingly strong 4.3% annual rate in the third quarter, the most rapid expansion in two years, driven by consumers who continue to spend in the face of ongoing inflation. There have also been recent reports showing shaky confidence among consumersworried about high prices. The labor market has been slowing and retail sales have weakened.
The number of Americans applying for unemployment benefits fell last week and remain at historically healthy levels despite some signs that the labor market is weakening.
U.S. applications for jobless claims for the week ending Dec. 20 fell by 10,000 to 214,000 from the previous week’s 224,000, the Labor Department reported Wednesday. That’s below the 232,000 new applications forecast of analysts surveyed by the data firm FactSet.
Dynavax Technologies soared 38% after Sanofi said it was acquiring the California-based vaccine maker in a deal worth $2.2 billion. The French drugmaker will add Dynavax’s hepatitis B vaccines to its portfolio, as well as a shingles vaccine that is still in development.
Novo Nordisk shares rose 2% after the weight-loss drug company got approval from U.S. regulators for a pill version of its blockbuster drug Wegovy. However, Novo Nordisk shares are still down almost 40% this year as the company has faced increased competition for weight-loss medications, particularly from Eli Lilly. Shares of Eli Lilly are up 40% this year.
European markets were moving slightly between slight gains and losses. Asian markets were also quiet, with Hong Kong moving up 0.2% while Japan’s Nikkei 225 fell 0.1%
Both gold and silver futures were higher, with silver prices rising more than 1%. U.S. crude oil rose 0.4% to $58.61 a barrel.
Derek Orth works on the floor at the New York Stock Exchange in New York, Wednesday, Dec. 10, 2025. (AP Photo/Seth Wenig)
A board above the trading floor of the New York Stock Exchange displays the closing number for the Dow Jones industrial average, Thursday, Dec. 11, 2025. (AP Photo/Richard Drew)
Anthony Matesic works on the floor at the New York Stock Exchange in New York, Wednesday, Dec. 10, 2025. (AP Photo/Seth Wenig)
A person stands in front of an electronic stock board showing Japan's Nikkei index at a securities firm Monday, Dec. 22, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
FILE - A screen displays financial news as traders work on the floor at the New York Stock Exchange in New York, Thursday, April 3, 2025. (AP Photo/Seth Wenig, File)
A person walks in front of a chart showing Japan's Nikkei index at a securities firm Friday, Dec. 19, 2025, in Tokyo. (AP Photo/Eugene Hoshiko)
