While it can seem we're a nation almost evenly divided, the reality is that the people pretty consistently prefer the Democrats. The Republicans have only won the popular vote in a presidential election once in the last three decades.... and that was a very narrow one despite the lingering jingoism following 9/11. In every other election from 1992 onward, the people at least tried to choose the Democrat.
So, it's worth thinking about how the court could look today if the democratic process had actually worked democratically. We'd still have Roberts, Thomas, and Alito, of course. But Kavanaugh and Barrett were installed by a guy the people didn't want to have that power. Instead, we'd have two Clinton justices in those roles, to go along with Breyer, Sotomayor, and Kagan. And, then there's Gorsuch, who only has his job because the Republicans effectively stole a slot from Obama, by forcing a vacancy until they could get the presidency back.
So, we could well have a 5-4 or even 6-3 Democratic edge in the high court today, doing things like striking down efforts by conservatives to make our elections even less democratic, by way of intensified gerrymandering and voter-ID hurdles. Instead, we have a court dominated by conservatives, setting the stage for a time when it will matter less and less what the people want.
So, it's worth thinking about how the court could look today if the democratic process had actually worked democratically. We'd still have Roberts, Thomas, and Alito, of course. But Kavanaugh and Barrett were installed by a guy the people didn't want to have that power. Instead, we'd have two Clinton justices in those roles, to go along with Breyer, Sotomayor, and Kagan. And, then there's Gorsuch, who only has his job because the Republicans effectively stole a slot from Obama, by forcing a vacancy until they could get the presidency back.
So, we could well have a 5-4 or even 6-3 Democratic edge in the high court today, doing things like striking down efforts by conservatives to make our elections even less democratic, by way of intensified gerrymandering and voter-ID hurdles. Instead, we have a court dominated by conservatives, setting the stage for a time when it will matter less and less what the people want.