With several court watchers predicting that the Supreme Court will overturn the landmark Roe v. Wade case, late-night host Stephen Colbert is asking how that could happen when polls show that would be an unpopular decision.

On Thursday, Colbert noted that Justice Sonia Sotomayor claimed, “Mississippi’s stated purpose for bringing this case now is because they wanted it in front of all these new Republican appointees.”

She asked, “Will this institution survive the stench?”

“It’s a valid question,” the late-night host said as he pointed to an ABC News poll that found 60% of respondents said they want the court to uphold the decision while 27% want it overturned.

He continued, “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. 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,” he added.

Watch the video below:

On Tuesday, The court heard arguments in the case of Dobbs v. Jackson Women’s Health Organization, which addresses Mississippi’s ban on abortions at 15-weeks. And several court watchers believe the case could lead to the overturning of Roe v. Wade now that there is a 6-3 conservative majority.

Advertisement

Former President Donald Trump, who did not win the popular vote in 2016, appointed three justices to the Supreme Court. And former President George W. Bush, who did not win the popular vote in the 2000 election, appointed two justices.