If you count the elections where it should have gone the other way based on the popular vote, more like 6-3 liberal majority, and arguably even 8-1 with Thomas being the sole holdout.
Trump’s 2016 “win” gave them three justices. Bush didn’t get any nominations his first term (which he only won via the electoral college), and then went on to get two his second term (where he did get the popular vote). So it depends on if you expect Republicans to win the popular vote in 2004 or not if they didn’t already have the office.
scotus should be a 5-4 majority the other way right now.
If you count the elections where it should have gone the other way based on the popular vote, more like 6-3 liberal majority, and arguably even 8-1 with Thomas being the sole holdout.
Trump’s 2016 “win” gave them three justices. Bush didn’t get any nominations his first term (which he only won via the electoral college), and then went on to get two his second term (where he did get the popular vote). So it depends on if you expect Republicans to win the popular vote in 2004 or not if they didn’t already have the office.
this is also true. but thomas shouldn’t even be there, either.