While we focus on what SCOTUS means for Trump, we forget what Trump means for SCOTUS. If he wins, he could replace Thomas, Alito, and 40+ federal judges over 75 with young zealots.
Trump is the means to the end of an ongoing Federalist Society coup. That coup, in charts: 🧵
Trump is the means to the end of an ongoing Federalist Society coup. That coup, in charts: 🧵
Since George W. Bush, the Federalist Society’s approval has been a prerequisite for any Republican SCOTUS nominee.
The result? More polarizing nominees, confirmed by senators representing fewer and fewer Americans.
First, here’s the average Senate confirmation vote over time:
The result? More polarizing nominees, confirmed by senators representing fewer and fewer Americans.
First, here’s the average Senate confirmation vote over time:
Support for SCOTUS justices was almost perfectly bipartisan until 2006. Since then, justices nominated by Democratic presidents have still had much higher support than the GOP’s Federalist Society nominees.
These bare-majority Senate confirmation votes = a minority of Americans are represented.
Out of 116 people confirmed to the Supreme Court, only five were confirmed by senators representing less than half the US population: Alito, Thomas, Barrett, Gorsuch, and Kavanaugh.
Out of 116 people confirmed to the Supreme Court, only five were confirmed by senators representing less than half the US population: Alito, Thomas, Barrett, Gorsuch, and Kavanaugh.
Federalist Society justices have abandoned previous norms of seeking consensus before overturning major precedents, especially when it comes to civil rights.
In this chart, blue bars = decisions with 7+ votes, red bars = 5-4 decisions.
In this chart, blue bars = decisions with 7+ votes, red bars = 5-4 decisions.
Some dramatic results of the Federalist Society’s radical policy changes from the bench:
Campaign spending explodes after Citizens United.
Campaign spending explodes after Citizens United.
After Shelby County guts the VRA, the “cost” of voting in time/money gets much higher in Red states even as it plummets in Blue states.
With the help of gerrymandering rulings by Federalist Society SCOTUS majorities, one-party rule returns to the South, almost rivaling the Jim Crow era.
(Top half includes governors, bottom half just legislatures. White = party split, blue/red = unified D/R party control.)
(Top half includes governors, bottom half just legislatures. White = party split, blue/red = unified D/R party control.)
It shouldn't surprise us, then, that public confidence in the Supreme Court as an institution has collapsed. (first chart)
But not among Republicans—they’re thrilled, even during a Democratic presidency. (Check out the total blue/red reversal under Biden in the second chart.)
But not among Republicans—they’re thrilled, even during a Democratic presidency. (Check out the total blue/red reversal under Biden in the second chart.)
We must acknowledge that the Federalist Society is waging a war for America’s constitutional order—and Trump’s immunity case at SCOTUS could be the last battle, if the J6 trial delay helps him win in November.
More in my new post here: weekendreading.net/p/breaking-the…
More in my new post here: weekendreading.net/p/breaking-the…
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