Five to Four: Decisions That Changed History

Five votes to four is the narrowest possible majority, and it has decided some of the most consequential cases in American history. Lochner entrenched liberty of contract, Bush v.

Gore decided a presidency, Citizens United transformed campaign finance, Shelby County disabled Voting Rights Act preclearance, and Dobbs ended the constitutional right to abortion, all by single-vote margins. Because the Court sets its own docket and its rulings bind every other court, a one-justice shift can move constitutional law dramatically.

That is why every retirement and confirmation battle carries such weight: one justice can swing the meaning of the Constitution..