Skip to content
Search

Latest Stories

Top Stories

Polarized Supreme Court confirmation votes are a relatively new trend

Ketanji Brown Jackson and Mitt Romney

Judge Ketanji Brown Jackson met with Sen. Mitt Romney after being nominated for the Supreme Court. Romney is one of three Republicans who have said they will vote in favor of her confirmation.

Win McNamee/Getty Images

Just three Republican senators have declared their intent to vote in favor of Judge Ketanji Brown Jackson, completing a slide toward extreme partisanship on Supreme Court confirmations that began during George W. Bush’s presidency.

In recent days, Susan Collins, Lisa Murkowski and Mitt Romney have announced they will support Jackson’s nomination, drawing the ire from some fellow Republicans. That level of support is in line with the limited number of Democrats who voted to confirm Donald Trump’s three nominees to the court.

But through the 1990s, it was more common for the opposition party to back nominees. That pattern began to shift in 2005, when only half of Democratic senators voted to confirm John Roberts as chief justice.


Three of the four justices appointed prior to Roberts each received the support of at least three-quarters of the sitting president’s opposing party. Ruth Bader Ginsburg established the high-water mark in 1993, when 93 percent of Republicans voted to confirm her.

partisan divide on Supreme Court confirmation votes

The outlier during that era was Clarence Thomas, who received just 19 percent of Democratic support following contentious confirmation hearings in which he was accused of sexual harassment. In fact, the 52 total votes in his favor were the fewest for a confirmed nominee since Sherman Minton garnered just 48 votes (but was opposed by only 16 senators).

Despite the acrimony in the Thomas confirmation, Republicans continued to generally support Democratic nominees, backing Ginsburg and Stephen Breyer during Bill Clinton’s presidency.

But then things began to change. After Roberts was supported by half of Democratic senators, Samuel Alito performed even worse in 2006, getting just four votes from the Democrats.

Republicans returned the favor during Barack Obama’s administration, providing limited support for Sonia Sotomayor and Elena Kagan.

Polarization has hit a new low since the Trump presidency, with barely any Democrats supporting Neil Gorsuch and Brett Kavanaugh when they were nominated, and zero Democrats voting for Amy Coney Barrett in 2020.

“Increasingly partisan confirmation fights are another manifestation of more polarized parties. Starting in the late 1970s, the two parties began sorting themselves ideologically," said Keith Allred, executive director of the National Institute for Civic Discourse. "Without the mix of conservatives, moderates and liberals that used to be in each party, both parties are now more beholden to the most extreme views of their most fervent members. Presidents feel more pressure to nominate judges who will please their base and senators in the opposing party have greater incentives to please their base with more strident opposition.”

Jennifer McCoy, a professor political science at Georgia State University, agreed with Allred's assessment that confirmation voters reflect broader polarization.

"Unfortunately this pattern in confirmations follows the general of pernicious polarization in the U.S., by which I mean that the society is divided into two mutually distrustful and immoveable blocs, in an Us vs Them contest with zero-sum views," she said. "Because Republicans, as the minority party at the moment in the Senate, view any win for the Democrats or for President Biden as a loss for them, they seek to deny those wins. This produces a politics of obstruction, rather than solving problems."

McCoy further explained that structural changes are needed to reverse this slide into polarization.

"I believe we need institutional change, particularly to break the rigid binary party system holding democracy hostage in the U.S.," she said. "Reforms to increase voter choice and representation, such as ranked-choice voting with multimember districts, could begin to attenuate the vicious logic of pernicious polarization."

Allred, on the other hand, believes bipartisan cooperation can help heal the divide.

“Going forward, presidents and the most moderate senators in the opposing party will need to work together even more to nominate individuals who can attract bipartisan support and then confirm them if we’re to have more dignified and substantive confirmations than we’re currently seeing,” he said.

No Supreme Court nominee has been rejected by the Senate since Robert Bork in 1987, Harriet Miers asked George W. Bush to pull her nomination in 2005 (leading to Alito being put forward). And Obama’s final nominee, Merrick Garland was never considered by the Republican-controlled Senate – perhaps further poisoning any hope of bipartisan support for future nominees.


Read More

​U.S. Deaf athletes celebrated at the Opening Ceremony of the 25th Summer Deaflympics

U.S. Deaf athletes celebrated at the Opening Ceremony of the 25th Summer Deaflympics on November 15, 2025, in Tokyo, Japan.

(Hugh Carey, USA Deaf Sports Federation)

The USOPC Ought to Reassess the Ted Stevens Act

Last month was National Deaf Awareness Month.

It is a time to raise awareness of Deaf culture and language and to advocate for the rights and inclusion of Deaf and Hard of Hearing individuals.

Keep ReadingShow less
Visitor at the reflecting pools to commemorate the 25th anniversary of the September 11th terrorist attacks on the World Trade Center

A visitor pauses at the reflecting pools to commemorate the 25th anniversary of the September 11th terrorist attacks on the World Trade Center at the National 9/11 Memorial & Museum on September 11, 2026, in New York City.

(Photo by Jeenah Moon - Pool/Getty Images)

The Moral Distance Between Our Dead and Theirs

Last month, I watched the ceremonies marking the 25th anniversary of September 11.

I listened as family members read the names of the dead. Children and grandchildren talked about people whose absence still shapes their lives. Nearly 3,000 people were killed that morning. At the 9/11 Memorial, they are remembered as individuals.

Keep ReadingShow less
Truck parked
black truck on road during daytime
Photo by Sander Yigin on Unsplash

Federal trucking crackdown reaches Wisconsin as English-language rules tighten

Three Wisconsin commercial driver training schools have been removed from a federal registry as the Trump administration increases enforcement of English-language proficiency requirements for truck drivers.

The U.S. Department of Transportation announced in August that more than 110 Entry-Level Driver Training providers would be removed from the Federal Motor Carrier Safety Administration’s Training Provider Registry.

Keep ReadingShow less