It’s the courts, Stupid!

Yesterday a bunch of Bernie Bros got Souter trending on Twitter, claiming that if Joe Biden is elected we will get a conservative Supreme court Justice.

Let’s get some detail on that one:

NomineeYear/PresidentVoteBiden’s vote
John Paul Stevens1975, Ford98-0Yea
Sandra Day O’Connor1981, Reagan99-0Yea
William Rehnquist1986, Reagan65-33Nay
Antonin Scalia1986, Reagan98-0Yea
Anthony Kennedy1988, Reagan97-0Yea
David Souter1990, George H.W. Bush90-9Yea
Clarence Thomas1991, George H. W. Bush52-48Nay
Ruth Bader Ginsburg1993, Bill Clinton96-3Yea
Stephen Breyer1994, Bill Clinton87-9Yea
John Roberts2005, George W. Bush78-22Nay
Samuel Alito2006, George W. Bush58-42Nay

Here is the thing, on every controversial Republican pick, Biden voted no. He voted with the majority of the Democratic party the majority of the time, and if he wins the election he will probably nominate court justices like RBG, Stephen Breyer, Sonia Sotomayer, and Elena Kagan.

There are also a lot of lower courts which Trump has had the ability to pack over the last 3 years, given how McConnell refused to give Obama his appointees which was I believe was technically unconstitutional. If Trump wins another term, he will probably replace either RBG or Stephen Breyer by 2025. If that happens, here are the court decisions which are likely to be overturned:

  1. Obergefell v. Hodges
  2. Roe v. Wade and Planned Parenthood v. Casey
  3. Massachusetts v. EPA
  4. Texas v. Johnson
  5. Grutter v. bollinger

and more.

This is what you are voting on.

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