I want to see action to reduce the number of abortions and the number of firearm deaths.
And just for context, the abortion rate in the USA has historically declined more under Democrat administrations than Republican. Under the last Republican administration, abortions rose for the first time in 40 years. The liberal left seems to better at protecting children in the womb.
en.m.wikipedia.org
Then from 1993 to 2012, Presidents Bill Clinton, George W. Bush, and Barack Obama each ended up getting to fill two Supreme Court seats while their own party controlled the Senate.
- Clinton replaced the anti-abortion Justice White with Ruth Bader Ginsburg, providing Roe a sixth vote on the Court, as well as replacing Blackmun with Stephen Breyer.
- Bush replaced the late conservative Chief Justice Rehnquist with another conservative, John Roberts. More importantly, he replaced O’Connor, who voted to uphold Roe, with Alito, a more solid conservative. (His initial choice for that seat, White House counsel Harriet Miers, lacked support due to conservative objections.)
- Obama replaced two liberal justices (who had been appointed by Republicans), Souter and Stevens, with two other liberals, Sonia Sotomayor and Elena Kagan.
So for decades, there was a delicate balance of sorts, with five conservatives and four liberals on the courts, but with some of those conservatives (O’Connor and Kennedy) siding with liberals on certain key issues, and especially on Roe.
Then in 2016, Antonin Scalia died while Barack Obama was president. In theory, this was an enormous opportunity for Obama to replace a conservative with a liberal. The long-sought 5-4 liberal majority was in reach.
Except for one problem: Republicans had taken over the Senate in the 2014 midterm elections. This was the first Supreme Court vacancy to arise when the Senate and the presidency were controlled by opposite parties since the battle over Thomas’s seat in 1991. And partisan polarization had increased in the two and a half decades since.
Though previous Democrat-controlled Senates had rejected some nominees Republican presidents had put up for the Court, each debate was always about each specific nominee. GOP leader Mitch McConnell, though, set a new precedent: He said he wouldn’t consider any nominee Obama put up. (He claimed this was because it was an election year, but if Scalia had died in 2015, he would likely have found some other pretext — the appointment was simply too important for conservatives.)
This move paid off tremendously when Trump won the presidency and the GOP held the Senate in 2016. And Trump’s behavior once in office is where the increased success of conservative activists in dominating their party on this issue becomes evident — Trump made clear he’d only put up nominees who had the enthusiastic support of the Federalist Society.
Trump then ended up making three Supreme Court appointments in a single term. Replacing Scalia with Neil Gorsuch kept the conservative majority intact. He then also got to replace Anthony Kennedy and the late Ruth Bader Ginsburg — two Roe defenders — with conservatives Brett Kavanaugh and Amy Coney Barrett. (He could appoint Barrett because Republicans had managed to hold on to the Senate in the 2018 midterms.)
We don’t yet know for sure how the final decision on Dobbs will come down and what the margin would be. But the overall pattern is clear: Recent Democratic presidents have consistently appointed pro-Roe justices when they could. Republican presidents, though, may have started consistently appointing anti-Roe justices at just the right time.