Amidst new turmoil in the Middle East, ever-lingering inflation, and an ongoing presidential primary, you could be forgiven if you missed the Supreme Court beginning its new term this month. Nonetheless, this represents an important annual political event. Well over a year later, the Dobbs v. Jackson Women’s Health Organization decision from this court feels utterly surreal to conservatives who have become accustomed to defeats in the culture war. The overturning of Roe v. Wade represents a stunning victory for the pro-life movement, a key victory in a war that has endured for nearly 50 years since the original 1973 Roe decision. The overturning of Roe was compounded with a string of wins for conservative causes including the end of affirmative action, a cutback on the regulatory power of the EPA, and a staunch defense of religious liberty. These triumphs provide reason for hope as a new term begins. When considering (and celebrating) the makeup of today’s Supreme Court, it is clear that these victories have been a rare team effort from the GOP:

1. The Trump Wing

When was the turning point for overturning Roe (and by extension, the turning point for our Court)?  I would argue that the most important day was November 8^th, 2016, when a victory almost as unlikely as the Dobbs decision occurred: the election of Donald J. Trump as the 45^th president of the United States.  After years of nominating moderate conservatives with impeccable character, the GOP instead opted for a boorish, vulgar, narcissistic celebrity to be their standard-bearer.  Trump’s moral standing was so deeply flawed that many respected conservatives refused to endorse him in the general election, even if it meant electing Hillary Clinton.  Polling data predicted a comfortable Clinton victory, if not a landslide. Trump was a flawed candidate who would say whatever was on his mind at any given time, creating uncertainty about how he would govern if elected.  More than that, however, was his willingness to fight, his unwavering commitment his platform, even in the face of a highly hostile media. He was utterly fearless, often even taking on his own party.  In the words of former Gov. Haley Barbour (R-MS), Trump was “the biggest, most magnificent middle finger” that conservatives could give the political establishment.  And, against all odds, he won.  As the Left loves to remind us, ‘elections have consequences.”  The consequences of Donald Trump’s victory? The appointment of 234 federal judges, including three Supreme Court Justices (Gorsuch, Kavanaugh, and Barrett) who were central to the Dobbs decision.  Had the #NeverTrump ‘conservatives’ had their way, we would have a very different Supreme Court and very different rulings on Dobbs, religious liberty, affirmative action, and the EPA. While past GOP presidents have whiffed on appointing true conservatives to the Supreme Court, Trump was 3-3 and courageously stood by Kavanugh in 2018 and Barrett in 2020 (both major election years) despite a media firestorm.

2. The GOP Establishment

Sen. Mitch McConnell (R-KY), the former Senate majority leader, is one of the most criticized political figures in the U.S., particularly within the Trump wing of the GOP.  Yet it would be disingenuous for conservatives to celebrate recent Supreme Court decisions without acknowledging the essential role McConnell has played in shaping today’s Court. In an act of extraordinary political courage, he gambled by blocking the confirmation of Obama nominee Merrick Garland in 2016. Trump’s subsequent electoral victory enabled the GOP-controlled Senate to appoint Neil Gorsuch instead.  He demonstrated great courage again in 2018 after Christine Blasey Ford and others accused then-Supreme Court nominee Brett Kavanaugh of sexual assault, threatening to derail Kavanaugh’s confirmation.  With the 2018 midterms approaching, McConnell and Trump could have backed down and selected a different nominee to avoid any controversy.  Instead, they stuck by Kavanaugh. At the same time, Sen. Lindsey Graham, another GOP establishment figure often criticized by Trump voters, went viral with his passionate defense of Kavanaugh on the Senate floor.  Without these conservative establishment senators, Kavanaugh would not be on the Supreme Court today. More controversy arose over Trump’s third Supreme Court nominee, Amy Coney Barrett. Similar to Merrick Garland’s nomination in 2016, Barrett was nominated months before the 2020 presidential election.  Democrats were quick to note the hypocrisy of McConnell and other GOP figures: they were unwilling to confirm a Democrat nominee before the 2016 election, but had no qualms in confirming a Republican nominee just before the 2020 election.  In fact, some GOP senators refused to confirm Barrett for that precise reason. Ultimately, Barrett prevailed thanks to the political will of McConnell and others in the GOP establishment, who showed a rare willingness to work with Trump.

3. The GOP Moderates

Senators Susan Collins (R-ME), Lisa Murkowski (R-AK), and Mitt Romney (R-UT) are some of the most moderate members of the Senate, much to the dismay of the more conservative GOP factions. Yet their votes were also essential for the current makeup of the Supreme Court. Collins was the critical “yes” votes in the 50-48 confirmation of Brett Kavanaugh.  As a moderate up for re-election in 2020, she faced extreme political backlash for her powerful speech backing Kavanaugh’s confirmation.  Yes, she voted against confirming Barrett in the months prior to her re-election in deep blue Maine.  But that vote didn’t matter, because fellow moderates Romney and Murkowski voted “yea” in a 52-48 vote.  The 2018 midterms expanded the GOP Senate majority, giving Collins enough capital to score political points in her home state before a close election without derailing the confirmation.  She did not have that luxury during Kavanaugh’s 2018 hearing, and made a brave choice.  When the cards were down, the GOP moderates helped push Trump’s nominees through with razor-thin majorities.

4. The Bush Family

While the Trump era Supreme Court nominees were essential to overturning Roe v. Wade, the Bush family was responsible for appointing two other conservatives: Justice Clarence Thomas, appointed by George H. W. Bush in 1991,  and Justice Samuel Alito, appointed by George W. Bush in 2006.  Indeed, Alito (who authored the majority opinion draft in Dobbs) was confirmed, by today’s standards, with a relatively comfortable 58-42 margin.  Clarence Thomas, on the other hand, faced a highly contentious 52-48 confirmation that was very similar to Kavanaugh’s confirmation process.  Thomas was called “an alleged sex predator” by then-senator Joe Biden following allegations of sexual misconduct by staffer Anita Hill.  Despite the accusations, Bush stood by his nominee during the confirmation process, and Thomas has been a reliable conservative vote on the Court for the past 30 years.  Bush’s willingness to defend Thomas in the face of scandal was vital Dobbs decision three decades later.

Thus, at the start of a new Supreme Court term, conservatives of all leanings should pause for a moment to appreciate the important figures and moments over the past 30 years that have culminated in a significant leap forward for the conservative movement.  Many of the landmark Supreme Court decisions over the past year should be celebrated as an uncommon unifying moment for Republicans across the conservative spectrum, and a recognition of the political courage shown by politicians we often may not agree with.  This is a rare example of Republicans finally wielding political power and of the GOP actually winning a battle in the culture war, which are both powerful reasons for optimism for the conservative movement as we look towards the next half century.

J. Allen Cartwright, is a chemical researcher in the energy sector. His interest is in the interplay of politics with cultural and scientific institutions, and he can be followed on X at @jallencrtwright

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