Supreme Court: Three Justices in Four Years — Fundamental Rights Overturned

Overview

Trump campaigned on overturning Roe v. Wade. He appointed three Supreme Court Justices. The third was confirmed eight days before the 2020 election, abandoning the "principle" Republicans had cited to block Obama's nominee four years earlier.

In June 2022, the Court overturned Roe v. Wade. Forty-nine years of precedent, reversed.

The Garland Rule

In February 2016, Justice Scalia died. Obama nominated Merrick Garland, a moderate judge with broad bipartisan respect. McConnell refused to hold a hearing for 293 days. The stated principle: Supreme Court vacancies should not be filled in presidential election years.

In September 2020, Justice Ginsburg died. Trump nominated Amy Coney Barrett. McConnell confirmed her eight days before the election.

When asked about the inconsistency, McConnell said circumstances had changed: Republicans controlled both the Senate and the presidency in 2020. The "principle" was always about power.

The Kavanaugh Hearing

Christine Blasey Ford testified before the Senate Judiciary Committee that Brett Kavanaugh had sexually assaulted her in high school. Her testimony was specific, credible, and deeply emotional. Trump ordered an FBI investigation that was limited by the White House to a matter of days and did not interview Ford or Kavanaugh.

Kavanaugh was confirmed 50-48. Trump later mocked Ford at a campaign rally, doing a dramatic imitation of her testimony to crowd laughter.

Dobbs

The Dobbs decision was written by Justice Alito. It held that Roe v. Wade had been egregiously wrong since 1973. The constitutional right to abortion recognized for nearly 50 years — and relied upon by three generations of Americans making the most consequential decisions of their lives — was eliminated.

Fourteen states immediately enacted near-total bans. Documentation of women denied healthcare for miscarriages and ectopic pregnancies followed.