Amy Coney Barrett Is The First Big Potential Supreme Court Victory For Republicans In 90 Years

The Senate is fulfilling its basic function at a tipping point in the court’s history. Although much of America appears to have forgotten, the Senate is an equal partner in Supreme Court appointments.

One common talking point is the claim that the Supreme Court is already conservative — or at least already pro-Republican Party. Writing for Vox this summer, Ian Millhiser called it a “very conservative Supreme Court.” Jack Goldsmith recently noted on Twitter that, assuming President Trump gets to put another justice on the court, 15 of the last 19 justices will have bee appointed by a Republican president. In The Atlantic, Alan Rozenshtein writes this supposed Republican dominance, more than any other fact, defines the last half-century of American constitutional law.

They have a point. Roe v. Wade, decided now almost 50 years ago, was a 7-2 decision. Five of the justices on that court had been appointed by Republican presidents. Since that time, despite making the Supreme Court a major focus of political energy and despite a strong combination of winning presidential elections and lucky timing, Roe still stands.

In 1992, Planned Parenthood v. Caseyaltered but substantially affirmed the holding in Roe. By that time, Republican presidents had nominated seven of the sitting justices on the court.