The Mismeasure of Justice - What a Truly Representative Supreme Court Would Look Like - 2023

The court has changed, so it's time to look at this again. In 2020, I started by thinking about what it would look like if you could stand the Justices together, but scale them based on how representative their appointment was. I did the math, and formed an equation which was the average of the popular vote of the president and the percentage of the population that the confirming votes represent. You can see that painting here. (If you buy both, you save $195) Some things change. Some things stay the same. One theory is that back in the day, the Senate was less contentious and that’s why Breyer is such an outlier. But if you look back (Clarence Thomas who was chosen before Breyer) or forward (all of the Trump nominees), you see that in fact the Republican nominees are often supported by slimmer majorities of Senators and that those Senators are from smaller states. So in the 2023 court, though nobody towers over the court like Breyer, the blue Justices are still taller than the red one