Democracy’s Darkest Irony

Here’s a fact that should alarm every American who believes in majority rule: six of the nine current Supreme Court justices were appointed by Republican presidents who lost the popular vote when they first ran for office—and confirmed by senators representing a minority of the American population.

This isn’t democracy. It’s minority rule with a lifetime appointment.

For the first time in American history, the Supreme Court’s conservative supermajority is a product of minoritarian institutions—the Electoral College and Senate malapportionment—that give disproportionate power to political minorities.

The result: a Court that overturns Roe v. Wade despite 60%+ public support for abortion rights. A Court that grants presidential immunity despite overwhelming opposition. A Court that dismantles gun safety laws despite mass shootings. A Court that serves the preferences of the minority while claiming constitutional authority.

The Six Justices

Appointed by George W. Bush (lost popular vote in 2000):

  • Chief Justice John Roberts (2005)
  • Justice Samuel Alito (2006)

Appointed by Donald Trump (lost popular vote in 2016 by 2.9 million):

Also in the conservative bloc:

  • Justice Clarence Thomas (1991)

Six justices. All appointed through minoritarian institutions. All serving for life. All making decisions opposed by the majority.

This is how democracy dies.