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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Were half the current Supreme Court Justices appointed by presidents who lost the popular vote?

By Ben Johnson
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YES

Four of the eight justices currently serving on the Supreme Court were nominated by presidents who lost the popular vote in their first term.

Donald Trump lost by nearly three million popular votes. He nominated Neil Gorsuch and Brett Kavanaugh. The Senate is expected to vote later this month on Trump's third nominee, Amy Coney Barrett.

George W. Bush lost the popular vote in his first term by nearly 600,000 votes, but was elected to his second term with a three million vote majority. He nominated John Roberts and Samuel Alito in his second term.

George H.W. Bush won the popular vote in his first and only term. He nominated Clarence Thomas.

Barack Obama won the popular vote twice. He nominated Sonia Sotomayor and Elena Kagan.

Bill Clinton won two terms with a plurality of the vote. He nominated Stephen Breyer, as well as the late Ruth Bader Ginsburg.

This fact brief is responsive to conversations such as this one.
Sources
Supreme Court: Current members
White House: President Trump to nominate Amy Coney Barrett to Supreme Court
Wikipedia: List of presidential candidates by popular votes received
ABOUT THE CONTRIBUTOR
Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.