| Senate | | | House | | | | | |
| Dem | Rep | Other | Dem | Rep | Oth | Dem | Rep | Split+NE |
1978 | 58 | 41 | 1 | 277 | 158 | 0 | 31 | 11 | 8 |
1980 | 46 | 53 | 1 | 242 | 192 | 1 | 28 | 15 | 7 |
1982 | 46 | 54 | 0 | 269 | 166 | 0 | 34 | 10 | 6 |
1984 | 47 | 53 | 0 | 253 | 182 | 0 | 28 | 10 | 12 |
1986 | 55 | 45 | 0 | 258 | 177 | 0 | 27 | 9 | 14 |
1988 | 55 | 45 | 0 | 260 | 175 | 0 | 29 | 8 | 13 |
1990 | 56 | 44 | 0 | 267 | 167 | 1 | 29 | 6 | 15 |
1992 | 57 | 43 | 0 | 258 | 176 | 1 | 26 | 7 | 17 |
1994 | 48 | 52 | 0 | 204 | 230 | 1 | 22 | 15 | 13 |
1996 | 45 | 55 | 0 | 207 | 226 | 2 | 20 | 17 | 13 |
1998 | 45 | 55 | 0 | 211 | 223 | 1 | 20 | 17 | 13 |
2000 | 50 | 50 | 0 | 212 | 221 | 2 | 16 | 18 | 16 |
2002 | 48 | 51 | 1 | 205 | 229 | 1 | 16 | 21 | 13 |
2004 | 44 | 55 | 1 | 202 | 231 | 2 | 19 | 20 | 11 |
2006 | 49 | 49 | 2 | 233 | 198 | 4 | 23 | 16 | 11 |
2008 | 57 | 41 | 2 | 256 | 178 | 1 | 27 | 14 | 9 |
2010 | 51 | 47 | 2 | 193 | 242 | 0 | 27 | 14 | 9 |
2012 | 54 | 45 | 1 | 201 | 234 | 0 | 15 | 27 | 8 |
2014 | 44 | 54 | 2 | 188 | 246 | 1 | 19 | 26 | 5 |
2016 | 46 | 52 | 2 | 194 | 241 | 0 | 14 | 32 | 4 |
Jimmy Carter President in 1978
Barack Obama President in 2009
The year Roe V Wade was decided
Justice Vote: 7-2
In 1978: Jimmy Carter had the Senate and House backing him, 58 Dem to 41 Rep in Senate, 277 Dem to 158 Rep in House
Majority: Blackmun (author), Stewart (concurrence), Douglas (concurrence), Burger (concurrence), Brennan, Marshall, Powell
Dissent: White (author), Rehnquist (author)
The Justices when Jimmy Carter had both the House & Senate in 1978
Voted For Roe V Wade:
Burger, Powell, Blackmun, Brennan, Marshall, Stewart
Voted Against Roe V Wade:
White, Rehnquist
Was not on the court:
Stevens (Good chance he would vote against)
So between the Roe V Wade decision that 7 - 2 vote for, and 1978 when Jimmy Carter had both the House and Senate on lock down, they could have done and had 6 Justices supporting vs 3 against.
United States Supreme Court Justices (by Term of Court)
www.thegreenpapers.com
In 2009: Obama had the Senate and House majority behind him: 57 Dem to 41 Rep in Senate and 256 Dem to 178 Rep in House.
2009 Court makeup
Roberts, Kennedy, Breyer, Sotomayor, Stevens, Thomas, Ginsburg, Alito, Scalia
Broken down via leanings:
8 being most conservative and -8 being most liberal around 2009
Stevens -3
Thomas 3
Ginsburg -2
Kennedy Slightly below 0 (so balanced)
Breyer -1
Roberts 1
Scalia 2
Sotomayor -2
Alito 1.5
Kennedy about 1
Going by what is above, any attempt to stop the President, House & Senate from codifying Roe V. Wade would have shaken out in a 5 to 4 at worst. More than likely they would have not even taken up the case, because many of the conservatives were not deep conservatives according to the graph above. Still, I admit I am wrong about the time period of Obama, he did not have the Court completely behind him. Though, he could have still tested the Court to see, by pushing through the codification of Roe V Wade since the Democrats had a significant majority when he came into office. Add also the fact that the two independents caucused with the Democrats, he could have easily sought to codify Roe V Wade.
Party Division
www.senate.gov
111th Congress (2009–2011)
Majority Party: Democrats (57 seats)
Minority Party: Republicans (41 seats)
Other Parties: 1 Independent; 1 Independent Democrat (both caucused with the Democrats)
Total Seats: 100
Note: Senator Arlen Specter was reelected in 2004 as a Republican, and became a Democrat on April 30, 2009. Senator Joseph Lieberman of Connecticut was reelected in 2006 as an independent candidate, and became an Independent Democrat. Senator Bernard Sanders of Vermont was elected in 2006 as an Independent.