FACT BRIEF

Were half the current Supreme Court Justices appointed by presidents who lost the popular vote?

Thursday, October 15, 2020

By Ben Johnson

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YES

Four of the eight justices currently serving on the Supreme Court were nominated by presidents who lost the popular vote in their first term.

Donald Trump lost by nearly three million popular votes. He nominated Neil Gorsuch and Brett Kavanaugh. The Senate is expected to vote later this month on Trump's third nominee, Amy Coney Barrett.

George W. Bush lost the popular vote in his first term by nearly 600,000 votes, but was elected to his second term with a three million vote majority. He nominated John Roberts and Samuel Alito in his second term.

George H.W. Bush won the popular vote in his first and only term. He nominated Clarence Thomas.

Barack Obama won the popular vote twice. He nominated Sonia Sotomayor and Elena Kagan.

Bill Clinton won two terms with a plurality of the vote. He nominated Stephen Breyer, as well as the late Ruth Bader Ginsburg.

This fact brief is responsive to conversations such as this one.

Sources

Supreme Court: Current members

White House: President Trump to nominate Amy Coney Barrett to Supreme Court

Wikipedia: List of presidential candidates by popular votes received

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