How the US Supreme Court has become right-wing, and do recent decisions give Democrats hope at the midterms? – The Conversation Indonesia
The US Supreme Courts annual term usually finishes at the end of June, so late June is when the most important decisions are likely to be announced.
On June 23, the Court struck down a New York state law that restricted carrying of guns outside the home. On June 24, it denied a constitutional right to an abortion, overturning its own Roe v. Wade ruling in 1973. On June 30, it ruled against the Environmental Protection Agencys (EPA) regulations on fossil fuels.
From an international viewpoint, the EPA ruling is the most significant. Other countries can set their own gun and abortion laws, but climate change mitigation efforts require international co-operation. According to a May 2021 report, China had 27% of global greenhouse gas emissions in 2019, with the US second with 11% of emissions.
How did the Supreme Court become right-wing? Unlike Australia, judicial appointments in the US are politicised. Democratic presidents will try to appoint left-wing judges and Republican presidents will try to appoint right-wing judges.
Supreme Court judges are lifetime appointments. Presidents nominate judges who are subject to confirmation by only the US Senate, not the House of Representatives.
Until late 2020, the Court had a 5-4 right majority, but Chief Justice John Roberts sometimes sided with the left, most famously in the June 2012 decision that upheld Barack Obamas Affordable Care Act (Obamacare).
In February 2016, right-wing Justice Antonin Scalia died. Obama was still president at the time, and replacing Scalia would have given the left a 5-4 majority. But Republicans controlled the Senate, and majority leader Mitch McConnell denied a vote for Obamas nominee, Merrick Garland.
McConnells ruthlessness was rewarded when Donald Trump unexpectedly defeated Hillary Clinton at the November 2016 presidential election. Trump nominated Neil Gorsuch to replace Scalia, and his nomination was confirmed by the Republican-controlled Senate in April 2017.
In July 2018, right-wing Justice Anthony Kennedy retired. After a vicious confirmation fight that involved allegations of rape, Kennedy was succeeded by Trumps nominee Brett Kavanaugh in October 2018.
At the November 2018 midterm elections, Democrats gained control of the House, where all 435 seats are up for election every two years. But senators have six-year terms, with one-third up every two years. The seats up in the Senate last had elections in 2012, a great year for Democrats. Republicans gained two net Senate seats in 2018 to extend their control.
In September 2020, left-wing Justice Ruth Bader Ginsburg died. McConnell ruthlessly rammed Trumps nominee, Amy Coney Barrett, through the Senate in late October, shortly before the November 2020 election that Trump lost.
This is how weve now got a 6-3 right Supreme Court: Obama did not get a chance to replace the right-wing Scalia, while Trump had three nominees approved, including Ginsburgs replacement.
Left-wing Justice Stephen Breyer announced he would retire at the end of the current term, and President Joe Bidens nominee, Ketanji Brown Jackson, was confirmed by the now Democratic-controlled Senate in April. Jackson has now replaced Breyer, but she replaced a left-wing judge, so the 6-3 right majority remains.
A Gallup poll conducted in June before the major decisions were announced, had 25% expressing a great deal or quite a lot of confidence in the Supreme Court, down from 36% in June 2021. Thats the lowest confidence in the Court in Gallups polling, which goes back to 1973; the previous low was 30% in 2014.
A FiveThirtyEight article last Friday cited seven polls that asked whether voters approved or disapproved of the June 24 abortion ruling. Disapproval led in all seven polls by seven to 23 points, with an average lead of 15.6.
The bad news for Democrats is Bidens ratings are at a near-record low compared to past presidents. In the FiveThirtyEight aggregate, 55.9% disapprove of Bidens performance and 39.2% approve (net -16.7).
Thats worse than Trump, who had a -10.2 net approval at this stage of his presidency. Since presidential approval polling began with Harry Truman (president from 1945-53), Biden only beats Truman at this stage of previous presidencies. Truman fell to -19.0 net before rebounding into positive net approval.
Inflation and the resulting drop in real wages explain a large amount of Bidens unpopularity. US inflation increased 1.0% in May alone for a 12-month rate of 8.6%, the highest since 1981. Real weekly earnings dropped 0.7% in May and are down 3.9% in the 12 months to May.
As well as economic factors, I believe a perception that Biden has been weak in both the Afghanistan withdrawal in August 2021 and the current Russian invasion of Ukraine has damaged his ratings.
Midterm elections will be held in early November, with all 435 House seats and one-third of the Senate up. FiveThirtyEight has Republicans leading Democrats by 2.0% in the race for Congress, little changed from before the abortion ruling.
While the currently close polls give Democrats hope, they do not yet account for Republican efforts to tie Democratic candidates to the unpopular Biden, or for greater Republican likelihood to vote. The FiveThirtyEight House model gives Republicans an 87% chance of winning control from Democrats.
In the Senate, there are elections for 35 of the 100 seats 34 are regular elections that were last up in 2016 and one is a byelection in the safe Republican Oklahoma. Republicans will be defending 21 seats and Democrats 14. The Senate is currently 50-50, with Democrats in control on Vice President Kamala Harris tie-breaking vote.
Although Republicans need just one net Senate gain to win control, their defence of 21 seats to 14 for Democrats makes it harder for them than the House. FiveThirtyEight gives Republicans a 55% chance of winning the Senate.
In my opinion, the economy is likely to be far more important to most voters than abortion. Democrats are still likely to be thumped at the midterms owing to the economy.
In April I calculated the percentage of people living in cities of over 100,000 population in four countries: the US, Australia, the UK and Canada. 68% of Australians lived in cities of over 100,000 population, but only 29% of Americans.
Read more: Will a continuing education divide eventually favour Labor electorally due to our big cities?
In the US, high income white people have moved to suburbs outside cities, and these swung to Democrats in 2020, helping Biden win.
Like the Australian Senate, the US Senate has the same number of senators for each state (12 in Australia, two in the US), and this makes it highly malapportioned, with high-population states like California, Texas, Florida and New York getting the same number of senators as the lowest population states.
Analyst Nate Silver said in May that this means the US Senate has a large skew towards groups that are trending towards Republicans (rural and small town voters).
In the US overall, suburban and urban voters make up 52% of the population, to 48% for rural and small town voters. But in the average state, rural and small towns make up 61% of the population, while suburban and urban voters have just 39%.
In 2024, Democrats will be defending 23 Senate seats and Republicans just 10; these will include Democratic defences in Montana, Ohio and West Virginia, which Trump won easily in both 2016 and 2020.
If Republicans gain a permanent lock on the Senate, they will be able to deny future Democratic presidents legislative or judicial wins. The US could be heading for a future where only Republican presidents are able to govern effectively.
I covered the June 23 UK Wakefield and Tiverton & Honiton byelections for The Poll Bludger. The Conservatives lost Wakefield to Labour and T&H to the Liberal Democrats. Also covered: the collapse of Israels government that was formed to keep Benjamin Netanyahu out, and Colombia elected a left-wing president for the first time.
- The GOP has a transgender fixation, and Democrats arent helping - Baptist News Global - April 10th, 2026 [April 10th, 2026]
- "That's not the fight right now": Democrats shut down talk of impeaching Trump this year - Axios - April 10th, 2026 [April 10th, 2026]
- Democrats tackle outside groups flooding their primaries with campaign cash - Boston Herald - April 10th, 2026 [April 10th, 2026]
- Democrats in US slam Pam Bondi for refusing to appear for Epstein hearing - Al Jazeera - April 10th, 2026 [April 10th, 2026]
- Pa. election 2026: Meet Bob Harvie and Lucia Simonelli, the Democrats fighting to unseat Brian Fitzpatrick in Congress - WHYY - April 10th, 2026 [April 10th, 2026]
- Just How Big Could Democrats Win In 2026? - The Nation - April 10th, 2026 [April 10th, 2026]
- Oversight Democrats call for Melania Trump to testify on Epstein - The Hill - April 10th, 2026 [April 10th, 2026]
- Democrats Are Obsessed With the Wrong Senate Races - Politico - April 10th, 2026 [April 10th, 2026]
- Democrats push War Powers Resolution, but are they actually pro-peace? - People's World - April 10th, 2026 [April 10th, 2026]
- Democrats seek to pause Texas social studies revamp over $70K grant from conservative think tank - The Texas Tribune - April 10th, 2026 [April 10th, 2026]
- Harris, top Democrats gather in NYC for Al Sharptons annual convention - NewsNation - April 10th, 2026 [April 10th, 2026]
- Rep. Clyburn: Democrats are excited about the upcoming elections and they are engaged - MS NOW - April 10th, 2026 [April 10th, 2026]
- Leggat-Barr 28: The right has co-opted patriotism. Democrats need to reclaim it. - The Brown Daily Herald - April 10th, 2026 [April 10th, 2026]
- Democrats Call for Trumps Removal Over Threat to End Whole Civilization - The New York Times - April 10th, 2026 [April 10th, 2026]
- The People Braying for Democrats to Do Something to Stop Trumps War Have All of This Completely Backward - Slate Magazine - April 10th, 2026 [April 10th, 2026]
- Democrats ask congress to reign in military action - KTVB - April 10th, 2026 [April 10th, 2026]
- Democrats are Sticking with Embattled ActBlue But Exploring Other Fundraising Options - NOTUS - April 10th, 2026 [April 10th, 2026]
- Democrats tackle outside groups flooding their primaries with campaign cash - AP News - April 10th, 2026 [April 10th, 2026]
- Democrats grow bolder on talk about removing Trump from office after his Iran threats - AP News - April 10th, 2026 [April 10th, 2026]
- What It Would Take for Democrats to Win the Senate - Bloomberg - April 10th, 2026 [April 10th, 2026]
- Denvers mayor, Rep. Jason Crow head to New Orleans to pitch Democrats on city as 2028 convention host - The Denver Post - April 10th, 2026 [April 10th, 2026]
- Unity tested: Democrats face off over Israel and AIPAC dark money during DNC meeting - Fox News - April 10th, 2026 [April 10th, 2026]
- House Republicans quash Democrats' long-shot attempt to hamstring Trump on Iran - Axios - April 10th, 2026 [April 10th, 2026]
- HARSANYI: Everyone knows what the Democrats AIPAC obsession is really about - The North State Journal - April 10th, 2026 [April 10th, 2026]
- Democrats Hold Back on Impeachment Against Trump: This Is Not the Moment - La Voce di New York - April 10th, 2026 [April 10th, 2026]
- Democrats Have Found Their Answer to the Way Trump Posts Online. Its Slightly Mortifying. - Slate Magazine - April 10th, 2026 [April 10th, 2026]
- Analysis | Some voters are fleeing Trump. Will Democrats welcome them? - The Washington Post - April 10th, 2026 [April 10th, 2026]
- Democrats to try limiting Trump Iran war powers during House pro forma session - The Hill - April 10th, 2026 [April 10th, 2026]
- Elissa Slotkin is testing whether winning in Trump country is a winning message for Democrats - CNN - April 10th, 2026 [April 10th, 2026]
- Republicans win but Democrats also claim victory with ballot box surge in Trump territory - Fox News - April 8th, 2026 [April 8th, 2026]
- Democrats lost in Marjorie Taylor Greenes old district. They still had one of their best election nights in recent memory - CNN - April 8th, 2026 [April 8th, 2026]
- Democrats keep doing better in elections since Trump returned to office - NPR - April 8th, 2026 [April 8th, 2026]
- Analysis | Democrats are using the I-word again - The Washington Post - April 8th, 2026 [April 8th, 2026]
- If Virginia votes yes, Democrats will take the lead in the national redistricting battle - Cardinal News - April 8th, 2026 [April 8th, 2026]
- Democrats just locked down control of one of the most important courts in America - vox.com - April 8th, 2026 [April 8th, 2026]
- Democrats 'lost the plot.' Now they're losing voters. | Opinion - USA Today - April 8th, 2026 [April 8th, 2026]
- Dozens of Democrats call for Trump's removal after his Iran threats - NBC News - April 8th, 2026 [April 8th, 2026]
- Democrats just posted their biggest swings of the 2026 cycle in WI and GA - Strength In Numbers | G. Elliott Morris - April 8th, 2026 [April 8th, 2026]
- At L.A. 'shadow hearing' on elections, House Democrats join experts to defend voting systems - Los Angeles Times - April 8th, 2026 [April 8th, 2026]
- Over 50 Democrats push 25th Amendment as Trump threatens to kill a whole civilization - ms.now - April 8th, 2026 [April 8th, 2026]
- Democrats to deliver response to Gov. Sanders State of the State address - KARK - April 8th, 2026 [April 8th, 2026]
- Republicans silent as Democrats call on US cabinet to oust Trump over Iran - The Guardian - April 8th, 2026 [April 8th, 2026]
- How big of a tent do Democrats want? Hasan Piker is testing the limits in Michigan's Senate primary - AP News - April 8th, 2026 [April 8th, 2026]
- Democrats Threaten Pam Bondi With Contempt After She Backs Out Of Epstein Testimony - Forbes - April 8th, 2026 [April 8th, 2026]
- Maryland Democrats cant agree on how to save you $150 a year on energy bills - thebanner.com - April 8th, 2026 [April 8th, 2026]
- Opinion: Corporate Democrats Who Refuse to Tax the Rich Are Protecting Their Donors. Vote Them Out. - citylimits.org - April 8th, 2026 [April 8th, 2026]
- Democrats accuse ICE of creating disappearances on US soil - The Guardian - April 8th, 2026 [April 8th, 2026]
- House Democrats in West Virginia call for special session to pause state's gas tax - WCHS - April 8th, 2026 [April 8th, 2026]
- Democrats build on overperformance streak in Wisconsin, Georgia elections - The Hill - April 8th, 2026 [April 8th, 2026]
- Tax cuts are the hot new idea for Democrats - NBC News - April 7th, 2026 [April 7th, 2026]
- Why California Democrats are sweating the race to replace Newsom - CNN - April 7th, 2026 [April 7th, 2026]
- Arab Americans in Michigan warn centrist Democrats attacking Hasan Piker: They havent learned from 2024 - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Democrats are giddy about flipping this GOP House seat. But its harder than it looks - CalMatters - April 7th, 2026 [April 7th, 2026]
- House Democrats demand end to cruel US energy blockade after visit to Cuba - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Democrats Cast the Shutdown Fight as a Win. But What Did They Actually Get? - Time Magazine - April 7th, 2026 [April 7th, 2026]
- Two Democrats file to challenge Bill G. Schuette in 95th House District race - Midland Daily News - April 7th, 2026 [April 7th, 2026]
- Democrats face an identity crisis over taxes: From the Politics Desk - NBC News - April 7th, 2026 [April 7th, 2026]
- Opinion | Enough With the Nepo Candidates, Democrats - The New York Times - April 7th, 2026 [April 7th, 2026]
- Idaho's 2026 legislative session ended and Democrats are unhappy with significant budget cuts - KTVB - April 7th, 2026 [April 7th, 2026]
- Democrats Already Have an Affordability Agenda In the Midterms - foreignpolicy.com - April 7th, 2026 [April 7th, 2026]
- Maryland Democrats hope to cut red tape and attract more businesses - wamu.org - April 7th, 2026 [April 7th, 2026]
- Opinion | For Democrats, the Era of the Girl Dad and Male Ally Is Over - The New York Times - April 7th, 2026 [April 7th, 2026]
- Democrats, Republicans Clash Over Iran War in Week 6 - The New York Times - April 7th, 2026 [April 7th, 2026]
- Two Democrats running for Ohio AG's race in the May primary - The Columbus Dispatch - April 7th, 2026 [April 7th, 2026]
- How Democrats Can Avoid Disaster in the California Governors Race - New York Magazine - April 7th, 2026 [April 7th, 2026]
- 84% of Democrats and 55% of Independents Support Impeaching Trump a Third Time - Common Dreams - April 7th, 2026 [April 7th, 2026]
- Beth Fukumoto: Democrats Need A Clear Vision. And To Stick To It - Honolulu Civil Beat - April 7th, 2026 [April 7th, 2026]
- Democrats Chances of Losing to Steve Hilton in California Governor Race - Newsweek - April 7th, 2026 [April 7th, 2026]
- How Gov. Jared Polis thinks Democrats should handle high energy prices - Politico - April 7th, 2026 [April 7th, 2026]
- One of the Democrats Generational Battles: Hes 76, His Opponent Is 31 - The New York Times - April 7th, 2026 [April 7th, 2026]
- Panel debate whether Republicans or Democrats are winning at home | CUOMO - NewsNation - April 7th, 2026 [April 7th, 2026]
- Opinion | Democrats need to talk about the word genocide - MS NOW - April 5th, 2026 [April 5th, 2026]
- Who Democrats selected to replace former NC Sen. Graig Meyer in General Assembly - Raleigh News & Observer - April 5th, 2026 [April 5th, 2026]
- Democrats pay visit to ICE detention facility where abuse claims are rife - The Guardian - April 5th, 2026 [April 5th, 2026]
- Trump plan to shift student loan oversight to Treasury draws Senate Democrats' backlash - Government Executive - April 5th, 2026 [April 5th, 2026]
- New poll comes with alarm bells for Democrats ahead of Virginia redistricting vote - politico.com - April 5th, 2026 [April 5th, 2026]
- Meet the woman who wants Democrats to get hot, not bothered - USA Today - April 5th, 2026 [April 5th, 2026]
- Democrats must step up to fix public education in NC | Opinion - Wilmington Star-News - April 5th, 2026 [April 5th, 2026]
- Local Democrats lean into claims Husted is out of touch with real world - Toledo Blade - April 5th, 2026 [April 5th, 2026]
- Kentucky Gov. Andy Beshear set to headline Colorado Democrats annual fundraising dinner - Denver Gazette - April 5th, 2026 [April 5th, 2026]