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Politics
Kevin J. McMahon, Professor of Political Science & Director of the Graduate Program in Public Policy, Trinity College

5 justices, all confirmed by senators representing a minority of voters, appear willing to overturn Roe v. Wade

An unscalable fence around the U.S. Supreme Court, on May 7, 2022, set up in response to protests against the possible overruling of Roe v. Wade. Jose Luis Magana / AFP/Getty Images

If the leaked Supreme Court decision on abortion is to be believed, five justices have voted during private deliberations to overturn Roe v. Wade. Notably, those five are what I refer to as “numerical minority justices.”

They are the only five in American history to qualify for that designation. And three of them were appointed by a minority president. Since Donald Trump lost the popular vote in the 2016 election, he was, by definition, a minority president, elected by a minority of the voters.

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