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:
| Nominee | Year/President | Vote | Biden’s vote |
| John Paul Stevens | 1975, Ford | 98-0 | Yea |
| Sandra Day O’Connor | 1981, Reagan | 99-0 | Yea |
| William Rehnquist | 1986, Reagan | 65-33 | Nay |
| Antonin Scalia | 1986, Reagan | 98-0 | Yea |
| Anthony Kennedy | 1988, Reagan | 97-0 | Yea |
| David Souter | 1990, George H.W. Bush | 90-9 | Yea |
| Clarence Thomas | 1991, George H. W. Bush | 52-48 | Nay |
| Ruth Bader Ginsburg | 1993, Bill Clinton | 96-3 | Yea |
| Stephen Breyer | 1994, Bill Clinton | 87-9 | Yea |
| John Roberts | 2005, George W. Bush | 78-22 | Nay |
| Samuel Alito | 2006, George W. Bush | 58-42 | Nay |
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:
- Obergefell v. Hodges
- Roe v. Wade and Planned Parenthood v. Casey
- Massachusetts v. EPA
- Texas v. Johnson
- Grutter v. bollinger
and more.
This is what you are voting on.