The Supreme Court has yet to make a ruling on Dobbs v. Jackson Women’s Health Organization, which could overturn the landmark Roe v. Wade, and liberals are in a tizzy over the thought. Late-night host Stephen Colbert said if the Supreme Court does overturn the pro-abortion case, it proves the United States is not a democracy.
"Will this institution survive the stench?" Justice Sonia Sotomayor said during oral arguments.
The reason, Colbert said, is due to the fact most of the court's justices had been confirmed by a Republican-controlled Senate, who haven't represented a majority of Americans since 1996.
Colbert pointed to a CBS/Washington Post poll that showed 60 percent of Americans do not want Roe to be overturned.
"That’s more than two to one. So if it is this unpopular, why is everyone saying it’s gonna happen? Well, I don’t want to get too technical, but — what’s the word — we don’t live in a democracy. Five of the nine justices were appointed by presidents who lost the popular vote; the last three confirmed by a Republican Senate who now represent 41 million fewer Americans than the Democrats," Colbert said. "In fact, Republican senators haven’t represented a majority of the U.S. population since 1996. A lot has changed since 1996. Back then, the Oscar for Best Supporting Actor went to Kevin Spacey—and the Best Director was Mel Gibson."
The misconception of the role of the Senate has been pervasive since Senators were elected by the popular vote and not state legislatures after 1913. That is why the House of Representatives was established to represent the general population.