The minoritarian power imbalance that gave Trump immunity

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The way the system works is that five members of the nine-person Supreme Court can be nominated by presidents who lost the popular vote when they first ran and that four of them can be confirmed by senators representing less than half the country.

Last month, YouGov conducted a poll for CBS News that included a question focused specifically on the Supreme Court case for which, a weekly dive into the data behind the news. Each Saturday, national columnist Philip Bump makes and breaks down charts explaining the latest in economics, pop culture, politics and more.Most Americans — more than two-thirds, in fact — said no.

On Monday, that Republican minority got its wish. And it got its wish largely because of the systematic advantages Republicans have enjoyed in the Senate and thanks to the electoral college.There are nine members of the court. The longest-serving member is Justice Clarence Thomas, nominated by George H.W. Bush in 1991 and confirmed that year. The newest member is Justice Ketanji Brown Jackson, nominated byearned him 52 Senate.

Using that same calculus, three other sitting justices also got support from senators representing less than half of the country: Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, all of whom were appointed by Trump.

 

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