Closing Stat Pack for October Time period 2018
Posted Fri, June 28th, 2019 5:59 pm by Adam Feldman
The Supreme Court docket time period is now full, resolving circumstances that had generated months of hypothesis. Chief Justice John Roberts wrote majority opinions in two of essentially the most anticipated selections of the time period, Division of Commerce v. New York and Rucho v. Widespread Trigger, bringing his whole majority-opinion authorship depend to seven. Different justices wrote six to eight majority opinions every. The justice who wrote essentially the most whole opinions this time period was Justice Clarence Thomas with 28, together with eight majority opinions, 14 concurrences and 6 dissents.
With Justice Brett Kavanaugh becoming a member of the Supreme Court docket in October, a lot of the dialogue this time period has centered on how the brand new justice would slot in on the court docket and mesh with the opposite sitting justices. If discovering settlement was his purpose, Kavanaugh appears to have accomplished an efficient job. Kavanaugh had the very best frequency within the majority of the justices, at 91 %. Roberts was second highest at 85 %. Kavanaugh and Roberts additionally shared the very best settlement stage for any justice pairing this time period, at 94 %. The second-highest settlement stage was between Justices Ruth Bader Ginsburg and Sonia Sotomayor, who agreed in 93 % of their votes.
Whereas Kavanaugh shared excessive settlement ranges with a number of of the opposite extra conservative justices on the Supreme Court docket, his settlement ranges with among the extra liberal justices have been on the excessive facet as nicely. Kavanaugh’s votes aligned with Justice Samuel Alito’s 91 % of the time and his settlement stage with Thomas was at 80 %. Beneath this, Kavanaugh agreed equally typically with Justices Stephen Breyer, Elena Kagan and Neil Gorsuch, at 70 % apiece. Kavanaugh’s settlement stage with Gorsuch was on the very low finish of the size once we have a look at settlement ranges between two justices appointed by the identical president of their first full time period collectively over the past half century.
Turning to Gorsuch, he’s the conservative justice who sided with the extra liberal justices in essentially the most five-vote majority selections this time period, with 4. Every of the opposite conservative justices, together with Kavanaugh, voted with the extra liberal justices in a single five-vote majority, for a complete of eight selections. The 5 extra conservative justices voted collectively eight occasions in five-vote majorities, making for a similar variety of 5-Four (or 5-Three) selections when 5 conservatives have been within the majority as when 4 liberal justices and yet another conservative justice have been within the majority.
Gorsuch authored three 5-Four selections this time period, together with two wherein the 4 extra liberal justices have been additionally within the majority — United States v. Haymond and United States v. Davis. By way of his settlement ranges, Gorsuch’s highest for the time period was with Thomas, at 81 %. His settlement with Roberts was considerably decrease, at 68 %.
Once we have a look at the justices’ whole opinion-page output for the time period, Gorsuch was on the high. Gorsuch wrote 337 whole opinion pages (together with majority opinions, concurrences and dissents), which was simply increased than Alito’s 324 pages. Kavanaugh wrote the second fewest whole opinion pages, at 169. Ginsburg was the one justice to write down fewer, with 131 (Ginsburg additionally had the fewest majority opinion assignments this time period, with six.).
Ginsburg was the quickest majority-opinion author this time period once we have a look at time between oral arguments and selections. Her common time of 71 days far outpaced any of the opposite justices. Ginsburg additionally wrote two of the three quickest selections based mostly on this measure, with Mount Lemmon Hearth District v. Guido at 36 days and Fort Bend County, Texas v. Davis at 42 days. Alito took the longest common time of the justices at 132 days, adopted by Kagan at 128 days and Gorsuch at 118 days. Kagan wrote the choice that took the longest time from oral argument this time period, Gundy v. United States, at 261 days. This was a report size of time for an opinion beneath Roberts.
Trying on the macro stage, the justices voted unanimously in 28 circumstances this time period, which equates to roughly 39 % of the time. That is on the low finish for a time period since Roberts took over as chief and nearly 30 % decrease than the very best share of unanimity for a time period since 2005, which was 66 % in 2013.
Once we look at the Supreme Court docket’s therapy of circumstances from decrease courts, selections from circumstances that got here from the U.S. Court docket of Appeals for the ninth Circuit stand out. Out of 14 circumstances the court docket voted on that got here from the ninth Circuit, the court docket reversed 12 and solely affirmed two, for an 86 % reversal fee. The reversal fee was increased for just one circuit, the U.S. Court docket of Appeals for the seventh Circuit, at 100 %, however the court docket solely determined a single case beforehand heard by the seventh Circuit.
Going into the 2019 time period, the Supreme Court docket has already granted 50 circumstances, which, when sure circumstances are consolidated, will result in 41 oral arguments. This contains Carpenter v. Murphy, which was set for reargument within the fall. Many of those circumstances elevate necessary problems with public concern, together with the newly granted circumstances addressing Deferred Motion for Childhood Arrivals, or DACA, and a case reviewing a provision of the Reasonably priced Care Act.
Andrew Hamm offered invaluable help in producing this Stat Pack. Thanks additionally to Jon Levitan for his assist sustaining the voting-alignment charts.
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