Senator Mitch McConnell is one of the most important Americans of the twenty-first Century. But for his leadership, I am reasonably confident that President Obama would have been able to fill Justice Scalia's seat. And had Donald Trump not been able to run on filling that vacancy, I am reasonably confident that Hillary Clinton would have prevailed. And then Clinton would have promptly replaced Justice Ginsburg, and maybe even Justices Kennedy or Sotomayor. Our country would look very different if Clinton served for two terms with a 5-4 or a 6-3 Supreme Court majority behind her.
Back to reality. Justice Gorsuch is sitting in Justice Scalia's seat. Justices Kavanaugh and Barrett replaced Justices Kennedy and Ginsburg. President Trump prevailed in 2016 and in 2024. And the Court's usually-conservative majority will likely endure for a generation. And Senator McConnell can take a lot of that credit.
That background brings me to an important essay by Mike Fragoso, who served as McConnell's Chief Counsel, after serving as Chief Counsel on the Senate Judiciary Committee. Fragoso, who recently joined the EPPC, is one of the most astute observers about the judiciary. I've long admired his work. Moreover, he brings inside insights from his experience.
