Justice Scalia dies. 340 days remain in Obama's term. McConnell announces within hours the Senate will not consider any nomination: "The American people should have a voice in the selection of their next Supreme Court Justice."
Obama nominates Merrick Garland, chief judge of the DC Circuit, 63 years old, universally described as a moderate and praised by Orrin Hatch and other Republicans as "a fine man." The Senate refuses a hearing. The seat sits vacant for 11 months.
Trump nominates Neil Gorsuch to the stolen seat. McConnell eliminates the 60-vote filibuster threshold for Supreme Court nominees — the "nuclear option" — to confirm Gorsuch 54-45 in April 2017.
Brett Kavanaugh confirmed 50-48 after hearings in which Dr. Christine Blasey Ford testified under oath that he had sexually assaulted her when they were teenagers. Kavanaugh denied it. The FBI investigation was limited to one week by the White House and described by senators as inadequate.
Amy Coney Barrett confirmed 52-48. Justice Ginsburg had died 46 days earlier. McConnell had said in 2016 the people should decide in an election year. In 2020, with millions already voting by mail, he confirmed Barrett 8 days before Election Day. Republicans had a different principle in 2016: they were in the minority. In 2020 they were in the majority.
Dobbs v. Jackson Women's Health Organization. The Supreme Court, 6-3, overturns Roe v. Wade. Gorsuch, Kavanaugh, and Barrett are in the majority. Roe had stood for 49 years. Tens of millions of American women in Republican-controlled states lost the right to abortion.
This post distinguishes between documented facts, allegations, and analysis. Where motive, intent, corruption, or illegality remains disputed in the public record, the text attributes that judgment to court findings, official records, direct quotes, or the reporting linked below.
- McConnell statement — February 13, 2016; "American people should have a voice"; documented Congressional Record and press statements.
- Garland nomination — March 16, 2016; no hearing scheduled; Senate records.
- Nuclear option — April 6, 2017; Senate changed rules by simple majority; Congressional Record.
- Barrett confirmation — October 26, 2020; 52-48; 8 days before Election Day.
- Dobbs — June 24, 2022; slip opinion.