People For the American Way

Supreme Court Nominations: An Issue Affecting All Other Issues, in 2016 and Beyond

In the past decade, scores of Supreme Court decisions addressing some of the most fundamental questions in our country have hinged on the vote of a single Supreme Court justice. Who can marry? Can everyone access the ballot box? Can women be denied reproductive health care? Can corporations flood elections with money?

In past 5-4 decisions on questions like these, from Citizens United to Hobby Lobby to Obergefell, the impact of each presidential Supreme Court nomination on our rights and liberties is clear. And for future decisions, Election Day 2016 – when Americans elect a president who will almost certainly be nominating one or more new justices – becomes a “judgment day” for our rights going forward.

A new PFAW report out today, “Judgment Day 2016,” looks at 80 5-4 decisions the Court has issued since Bush-nominees John Roberts and Samuel Alito joined the Court ten years ago in key areas like money and politics; civil and voting rights; LGBT rights; women’s rights; workplace fairness; protecting the environment, and more. On a range of issues, the report underscores what’s at stake when Americans vote next November.

As principal report author and PFAW Senior Fellow Elliot Mincberg put it:

In the 2016 election, the Supreme Court is on the ballot…Our next president may very well be nominating three or more Supreme Court justices who could tip the balance in critically important cases.

You can read the report here.