Access to the courts. In a series of recent 5-4 decisions, the Supreme Court has made it much harder for consumers and employees to sue businesses. The Court has limited class-action suits and strictly enforced mandatory arbitration agreements that keep people from being able to sue. A Court with five or more Democratic appointees is likely to be much more inclined to rule for consumers and employees and their ability to sue in courts.

Affirmative action. While Scalia was on the Court, there were five justices who wanted to greatly restrict, or even declare unconstitutional, affirmative action by colleges and universities. A Democratic majority on the Court would ensure that educational institutions could continue to use race as one factor among many in admissions decisions to enhance diversity and benefit minorities.

Campaign finance. In recent years, the Roberts Court has struck down a number of federal and state laws regulating campaign finance. Most famously, in Citizens United v. Federal Election Commission in 2010, the Court held that corporations have the right to spend unlimited amounts of money to get candidates for public office elected or defeated. It is likely that a Democratic majority on the Court would overrule this highly controversial decision. Just seven years earlier, in McConnell v. Federal Election Commission, the Court had upheld the very provisions that were declared unconstitutional in Citizens United. A Court controlled by Democratic appointees would likely overrule Citizens United and say that it is returning to its earlier approach.

Congressional power. Conservatives on the Court long have wanted to limit the scope of congressional power. For example, in 2013, in Shelby County, Alabama v. Holder, the Court struck down key provisions of the Voting Rights Act of 1965. This was the first time since the 19th century that the Court invalidated a federal civil-rights law dealing with race. In many states, it has led to significant new obstacles on the ability of minority voters to participate in elections. A Supreme Court with five Democrats would likely reverse this ruling and also be much more likely to uphold congressional power to regulate interstate commerce and to tax and spend for the general welfare.

Death penalty. In 2015, in Glossip v. Gross, Breyer wrote a dissenting opinion, joined by Ginsburg, explaining why the death penalty is unconstitutional. Most expect that Sotomayor and Kagan would come to the same conclusion if there were a fifth vote to end the death penalty.

Establishment Clause. With Scalia on the Court, there were five justices who rejected the idea of a separation of church and state, and were likely to uphold religious involvement in government and government support for religious institutions. For example, in 2014, in Town of Greece v. Galloway, the Court, in a 5-4 decision, held that it was constitutional for a town council to have Christian clergy members delivering Christian prayers virtually every month for almost a decade. A Court with a majority appointed by Democratic presidents is far more likely to strike down religious prayers at government functions, religious symbols on government property, and government support for religious schools.