Appointed to fill the seat left vacant when Mitch McConnell refused to hold hearings for Merrick Garland for nearly a year. The seat was held open specifically so a Republican president could fill it. Gorsuch voted to overturn Roe. He was the seat that should have been Garland's.
Confirmed 50-48 after Senate hearings at which Christine Blasey Ford testified under oath that Kavanaugh had attempted to rape her when they were both in high school. Kavanaugh denied it. The FBI investigation ordered by the Senate was described by multiple senators as inadequate. Kavanaugh voted to overturn Roe.
Nominated 8 days after Justice Ruth Bader Ginsburg died — in the middle of a presidential election, less than 40 days before voters went to the polls. McConnell had refused to confirm Garland in 2016 citing the principle that Supreme Court vacancies shouldn't be filled in election years. He abandoned that principle entirely for Barrett. She was confirmed October 26, 2020. She voted to overturn Roe.
"I was able to do it. I did it. And I'm proud to have done it."
— Donald Trump, Fox News interview, June 2022, taking credit for the Dobbs decision overturning Roe v. WadeAfter Dobbs, voters in Kansas, Kentucky, Montana, California, Vermont, Michigan, and other states voted on abortion rights ballot measures. In every case where the vote was directly on protecting abortion rights — including in deep-red Kansas — the pro-abortion-rights position won. In the 2022 midterms, Republicans significantly underperformed expectations in part due to voter anger over Dobbs. Trump began publicly advising Republicans that they should support exceptions for rape and incest and avoid being seen as absolutist. By 2024, he said he would leave abortion to the states. By 2025, his administration was taking steps at the federal level to restrict abortion medication access and funding — while Trump continued to describe himself as personally for "states' rights" on 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.
- Dobbs v. Jackson Women's Health Organization — June 24, 2022; 410 US ___; majority authored by Alito, joined by Thomas, Gorsuch, Kavanaugh, Barrett.
- "I did it" — Fox News interview June 2022; documented by multiple outlets.
- Gorsuch/Garland history — McConnell refused hearings February 2016; "let the people decide"; Garland nominated March 2016; Gorsuch confirmed April 2017.
- Barrett/Ginsburg timing — Ginsburg died September 18, 2020; Trump nominated Barrett September 26; confirmed October 26.
- State ballot measures — documented by Politico, AP election results 2022-2024.