Mitch McConnell’s Supreme Court legacy: Great and controversial
McConnell’s Legacy: Shaping the Supreme Court
Senate Minority Leader Mitch McConnell (R-KY) is stepping down after 17 years as GOP leader in the Senate, but his influence extends far beyond Congress. McConnell’s tenure as leader has left an indelible mark on the Supreme Court, shaping its composition and decisions.
During his time as majority leader, McConnell became known for his strategic approach to confirming or denying Supreme Court appointees. However, his defining moment came in 2013 when he issued a warning to then-Senate Majority Leader Harry Reid (D-NV): “You’ll regret this, and you may regret this a lot sooner than you think.”
Reid had proposed eliminating the filibuster for judicial nominations, with an exception for Supreme Court nominations, due to frustrations over Republican obstruction of President Obama’s nominees. McConnell and the Senate GOP, then in the minority, opposed this move. A year later, Republicans gained control of the Senate, and McConnell took Reid’s actions to their logical conclusion by eliminating the carveout for the Supreme Court.
A Critical Decision
McConnell faced his first crucial decision on the judiciary during his initial term as majority leader. When Justice Antonin Scalia passed away in February 2016, President Obama nominated Merrick Garland to the Supreme Court. Confirming Garland would have shifted the court’s balance from a 5-4 conservative majority to a 5-4 liberal majority. McConnell, citing the upcoming election and divided government, refused to hold hearings or a vote for Garland.
Shortly after Donald Trump assumed office in 2017, he nominated Neil Gorsuch to the Supreme Court. McConnell ensured Gorsuch received hearings and ultimately secured his confirmation. This maintained the court’s conservative majority at 5-4.
McConnell’s role in filling Supreme Court vacancies under the Trump administration continued with Brett Kavanaugh in 2018, despite allegations of sexual misconduct against him. The most consequential vacancy, however, arose when Justice Ruth Bader Ginsburg passed away in September 2020. McConnell seized the opportunity to replace a liberal justice with a conservative one, solidifying a 6-3 conservative majority on the court. This move, made just weeks before the presidential election, sparked controversy.
Continued Impact
Although McConnell has been the minority leader for the past three years, his influence on the judiciary remains significant and contentious. The Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and returned abortion lawmaking to the states, was supported by five justices whom McConnell helped confirm. This victory for conservatives, however, was also seen as a factor in the GOP’s underperformance in the 2022 elections.
Another potentially consequential decision looms as the Supreme Court considers a case that could dismantle the Chevron doctrine. Established in 1984, this doctrine requires courts to defer to federal agencies’ reasonable interpretations of the law. If overturned, it could have far-reaching implications.
As the Supreme Court continues to be a thorn in the side of Democrats and President Joe Biden, McConnell’s strategic moves as GOP leader can be credited for the firm conservative majority on the court. House Speaker Mike Johnson (R-LA) aptly summed up McConnell’s impact, stating that “no Member of Congress has played a greater role in reshaping the federal judiciary than Mitch.”
Despite criticism, what do McConnell’s supporters view as his greatest achievement in influencing the direction of the Supreme Court
Inated Neil Gorsuch to fill Scalia’s vacant seat. McConnell saw this as an opportunity to solidify a conservative majority on the Court and wasted no time in guiding Gorsuch through a contentious confirmation process. Despite widespread opposition from Democrats, Gorsuch was confirmed by the Senate and took his seat on the Supreme Court in April 2017.
McConnell’s most significant achievement came in 2020, with the nomination and confirmation of Amy Coney Barrett. Following the death of Justice Ruth Bader Ginsburg, McConnell quickly vowed to fill the seat before the November presidential election. His determination to push through a nominee so close to the election drew considerable criticism, as it contradicted the stance he took with Garland’s nomination in 2016. Nevertheless, McConnell was successful in swiftly confirming Barrett, cementing a 6-3 conservative majority on the Court.
A Lasting Impact
McConnell’s approach to shaping the Supreme Court has had a lasting impact on the country’s highest judiciary body. By strategically blocking Garland’s nomination in 2016 and confirming Gorsuch and Barrett, McConnell has ensured a conservative majority on the Court for years to come.
This conservative majority could have wide-ranging implications for key issues such as abortion rights, LGBTQ+ rights, voting rights, and healthcare. McConnell’s legacy as a skilled tactician in the Senate has given him the ability to influence the direction of the court on these critical matters.
Despite criticism from Democrats and some legal experts who argue that McConnell’s actions have undermined the credibility and impartiality of the Court, his supporters applaud his effectiveness in advancing conservative principles. They see his ability to shape the Supreme Court as a testament to his strategic skills and commitment to his party’s ideology.
As McConnell prepares to step down as Senate Minority Leader, his influence on the Supreme Court will continue to be felt for years to come. The decisions made by the Court in the coming decades will bear the imprint of the McConnell era, shaping the trajectory of American jurisprudence and the rights of its citizens.
While there is no doubt that McConnell’s legacy is controversial and divisive, one thing remains clear: his impact on the Supreme Court is undeniable. McConnell has left an enduring mark on the highest court in the land, fundamentally altering its composition and affecting the rulings that will shape the country for generations to come.
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