Trump claims 5-3 SCOTUS abortion vote would have gone the other way with a 5-4 ruling
Donald Trump told radio host Mike Gallagher that if Antonin Scalia were alive or if he had replaced Scalia, the vote rejecting Texas’ abortion laws would have gone the other way.
Trump suggested that the 5-3 decision would have been flipped to a 5-4 decision upholding the law if he had been able to fill the vacancy left by the death of Scalia with a pro-life judge.
“Now if we had Scalia was living or is Scalia was replaced by me,” Trump said, “you wouldn’t have had that. Okay? It would have been the opposite.”
“So just to confirm,” Gallagher pressed. “Under a Donald — a President Donald Trump-appointed Supreme Court, you wouldn’t see a majority ruling like the one we had with the Texas abortion law this week.”
“No, you wouldn’t see that,” Trump insisted. “And people understand that.”
Ignoring the fact that it would have been impossible to confirm a new justice prior to the ruling, replacing Scalia with another pro-life justice would likely have had no impact on the ruling. The Texas law would still have been overturned 5-4 instead of 5-3.