The past seven years have been a nightmare for conservatives at the U.S. Supreme Court. Or have they? Despite the tremendous press the Obama Administration has received for its landmark wins at the nation’s highest court, the 44th president has had an abysmal record defending the actions of the federal government under his leadership.
Thanks to an analysis performed by Ilya Shapiro at the libertarian Cato Institute, it is now clear just how resoundingly SCOTUS has rejected President Obama’s policies. In terms of overall win percentage, no president has had a worse showing in the past 60 years.
Overall, the current administration has managed a record of 79-96; a win rate of just above 45 percent. To put that in perspective, George W. Bush achieved a record of 89-59 (60 percent), Bill Clinton went 148-87 (63 percent), George H.W. Bush went 91-39 (70 percent), and Ronald Reagan earned an incredible record of 260-89 (about 75 percent).
Alabama Congressman Bradley Byrne (R-AL1) pointed out these statistics in a speech on the house floor. Citing Shapiro’s numbers, Byrne also noted that the Obama Administration argued 44 cases before the Supreme Court where their position failed to get a single vote. In other words, not even the people the President appointed to the court agreed with his position.
Perhaps the most powerful example of SCOTUS’ rejection of Obama’s executive overreach came in 2014, when the court ruled 9-0 against the president’s attempt to use recess appointments while the Senate was still in session. The opinion was even written by Justice Bryer, a judicial liberal.
“Most of the cases President Obama has lost have only one thing in common: the president’s view that federal power is virtually unlimited,” Byrne said. “Under this President, citizens must submit their liberty and freedom to whatever the government experts determine is the best. This administration believes they can operate above or around the law.”
The president has certainly had his victories — the ObamaCare cases (I and II) and same-sex marriage come to mind. However, conservatives have won critical victories in the realms of campaign finance, religious liberty, and voting regulation.
With all of Obama’s defeats, Alabama has been at the forefront of the victories. Two of the biggest conservative wins of the past seven years – Shelby County v. Holder and McCutcheon v. F.E.C. – came from the Yellowhammer state.
Currently, the Supreme Court has been in deadlock on most issues with only 8 justices sitting. The Republican-controlled U.S. Senate has insisted it will not take a vote on Obama-appointee Merrick Garland, leaving the decision with whomever the next president is.
Byrne’s full floor speech on President Obama’s court record can be seen below.