People For the American Way

New PFAW Report Examines Supreme Court Nominations as a Critical 2016 Election Issue

FOR IMMEDIATE RELEASE: September 24, 2015

Contact: Layne Amerikaner or Laura Epstein at People For the American Way


Phone Number: 202-467-4999

WASHINGTON – With little over a year left before 2016 election, People For the American Way released a report today analyzing recent 5-4 decisions from the Supreme Court and the effect that new Justices could have on the Court’s direction. 

The report, “Judgment Day 2016: The Future of the Supreme Court as a Critical Issue in the 2016 Presidential Election,” examines more than 80 5-4 decisions the Court has issued since President George W. Bush pushed the nation’s highest court far rightward by putting John Roberts and Samuel Alito on the Supreme Court in 2005-6. In light of the narrow majorities in landmark decisions such as Obergefell v. Hodges (protecting the right of same-sex couples to marry), Citizens United v. FEC (finding that corporations have a right to make unlimited campaign expenditures), Burwell v. Hobby Lobby (finding that corporations can claim religious rights to exempt themselves from federal laws about contraceptive coverage), and Shelby County v. Holder (overturning a key section of the 1965 Voting Rights Act), the report highlights the fact that Election Day 2016 is  “Judgment Day” for the rights of all Americans going forward.

The report reviews and analyzes 5-4 court decisions in eleven key areas:

•        Money and politics
•        Civil and voting rights
•        LGBT (lesbian, gay, bisexual, and transgender) rights
•        Reproductive freedom and women’s rights
•        Workplace fairness
•        Protecting the environment
•        Religious liberty
•        Gun violence
•        Marketplace and consumer fairness
•        Access to justice
•        Protection against government abuse

“In the 2016 election, the Supreme Court is on the ballot,” said Elliot Mincberg, Senior Fellow at People For the American Way, principal author of the Judgment Day 2016 report. “Closely-divided 5-4 Supreme Court rulings in recent years have wreaked havoc on Americans’ rights and, in some cases, only narrowly averted doing so. Our next president may very well be nominating three or more Supreme Court justices who could tip the balance in critically important cases. This report highlights what’s at stake for our rights when Americans cast their ballot next November.”

You can read the full report here.

Elliot Mincberg is available to speak with press. To arrange an interview, please reach out to Layne Amerikaner or Drew Courtney at