Using historical data, GovTrack found 56 examples of Senate votes on legislation that passed with senators representing a “population minority.” 26 of those 56 examples, nearly half, have occurred since President Donald Trump’s current term began.
What does GovTrack mean when they say senators representing a population minority?
Look at a bill like the Laken Riley Act–which created severe immigration penalties for any immigrant in the US who is convicted of relatively minor crimes and mandated their detention, like shoplifting–that bill passed the senate with support from 65% of senators. Now if you look at which senators supported the bill and the population of the US that those senators represent, you’d see that the senators who voted “Yes” represent only 60% of the population. That law was not passed by a population minority since the senators who voted for that bill were elected by more than half of the population of the United States.
Now look at a bill like the One Big Beautiful Bill Act–the Republicans’ big legislation project in 2025 which created massive tax cuts for the wealthiest Americans, gave billions of dollars to immigration enforcement, and deregulating several industries–that bill was passed by senators who were elected by only 40% of the population (and Vice President Vance acting as the tie-breaking vote). The majority of Americans voted for someone who voted “No” on that bill.
Another example is the Rescissions Act–the bill to end funding for public broadcasting like PBS and NPR–that bill was passed by senators representing 46% of the population. According to GovTrack, most of the Senate’s other recent “population minority” votes overturned Biden-era rules and regulations, particularly regarding the environment and energy. six such Senate votes were about the Environmental Protection Agency, another six were about the Bureau of Land Management, and four were for the Department of Energy.
Several of the second Trump administration’s most prominent members were confirmed by Senate “population minority” votes – including RFK Jr. (Secretary of Health and Human Services), Pete Hegseth, Pam Bondi, Kash Patel, and Tulsi Gabbard.
Senate Nominations
The same process worked for senate nominations for several of the most prominent members of Trump’s second term, including RFK Jr, Pete Hegseth, Pam Bondi, Kash Patel, and Tulsi Gabbrbd. More than half of the population voted for a senator who voted NOT to confirm these people.
| Nominee | Position | Senate vote | Population % |
|---|---|---|---|
| Robert F. Kennedy, Jr. | Secretary of Health and Human Services | 52% | 46% |
| Pete Hegseth | Secretary of Defense | 50%* | 46% |
| Pam Bondi | (Former) Attorney General | 54% | 49% |
| Kash Patel | FBI Director | 51% | 46% |
| Tulsi Gabbard | Director of National Intelligence | 52% | 46% |
The Supreme Court Too
GovTrack found three other “population minority” Senate confirmations for Supreme Court justices, totalling four: Thomas plus Trump’s three first-term nominees. All four still serve on the Court.
| Supreme Court nominee | Year | Senate vote | Population % | Appointed By |
|---|---|---|---|---|
| Clarence Thomas | 1991 | 52% | 49% | H.W. Bush |
| Neil Gorsuch | 2017 | 55% | 46% | Trump |
| Brett Kavanaugh | 2018 | 51% | 44% | Trump |
| Amy Coney Barrett | 2020 | 52% | 48% | Trump |
Unprecedented Levels in Trump’s Second Term
The earliest example GovTrack could find for legislation was the Financial Services Modernization Act of 1999, a banking deregulation law. The Republican-led Senate passed it with 55% support, representing 48% of the population. Yet such examples proved rare. According to GovTrack’s data, starting from that 1999 vote through 2016, such Senate “population minority” votes on legislation only occurred 12 times. That’s not even once per year.
That changed in Trump’s first term, though, when the Republican-led Senate of his first two years passed 17 “population minority” votes.
This has excelled to a whole new level now. The current Republican-led Senate has already passed an unprecedented 26 “population minority” votes on legislation.
Nov. 12, 1999
The Gramm–Leach–Bliley Act (GLBA)
The first ever example of a bill passing the senate by a population minority.
The Years of 2000-2016
A Dozen More in Sixteen Years
It began to happen on rare occasions but less than once a year.
January 2025
Seventeen in Trump’s First Year
After seeing less than one per year since 1999, in the first year of Trump’s second term the Senate passed 17 bills by a “population minority.”
April 2026
The Current Senate Already Passed Twenty Six
Now with Republicans controlling the House, the Senate, and the Whitehouse, as well as having unofficial control over the Supreme Court, it has gotten even more extreme. The current sitting senate has already passed 26 bills by a “population minority.”