[Eugene Volokh, June 28, 2007 at 2:22pm] Trackbacks
Justice Kennedy in Majority in All 24 5-4 Cases This Term:

Is this the first time any Justice has had such a tally? SCOTUSblog's SuperStatPack also reports that he was in the dissent in only 2 of the 71 cases in which he participated — is that, too, a record, at least in recent years?

Note that the 24 5-4 cases came out with Kennedy joining the four conservatives 13 times, the four liberals 6 times, and no easily identifiable bloc 5 times. Thanks again to Jim Ho of Gibson, Dunn & Crutcher for first raising this point to me, when Kennedy was merely 16 for 16.

Related Posts (on one page):

  1. SCOTUSblog on Justice Kennedy's Term:
  2. Justice Kennedy in Majority in All 24 5-4 Cases This Term:
  3. Still Batting 1.000:
  4. Batting 1.000:
Tim DeRoche:
Eugene - What's the percentage for each of the other justices?
6.28.2007 3:40pm
David Matthews (mail):
"Note that the 24 5-4 cases came out with Kennedy joining the four conservatives 13 times, the four liberals 6 times, and no easily identifiable bloc 7 times."

13+6+7 = 26

[EV: D'oh! Fixed -- that's what I get for typing my posts too quickly.]
6.28.2007 3:43pm
Tim DeRoche:
Ah, I see the stats in the link.
6.28.2007 3:44pm
Mark Field (mail):
Wouldn't it be cheaper to eliminate the other justices and just have Kennedy decide them all?
6.28.2007 3:49pm
Chris Bell (mail):
Does that mean Kennedy is

13/26 (or one-half) of a conservative
7/26 of a moderate, and
6/26 of a liberal
6.28.2007 3:52pm
The General:
Kennedy is simply defining his "own concept of existence, of meaning, of the universe, and of the mystery of human life," i.e., that solid bedrock of which our law is founded.
6.28.2007 3:58pm
TRE:
Chicken or Egg? Does Kennedy make majorities or does the majority make him?
6.28.2007 4:00pm
Mike BUSL07 (mail):
There is something unsettlingly high school-ish about this trend.
6.28.2007 4:20pm
anonVCfan:
The law of the land depends on what an unprincipled squish had for breakfast. This is tyranny.
6.28.2007 4:22pm
whackjobbbb:
Kennedy as merciless despot... I like it.
6.28.2007 4:28pm
MJG:
Well, in dedefining [i]his[/i] own "concept of existence, of meaning, of the universe, and of the mystery of human life," Kennedy is also necessarily deciding ours.
6.28.2007 5:29pm
MJG:
Well, in defining his own "concept of existence, of meaning, of the universe, and of the mystery of human life," Kennedy is also necessarily defining ours.

[Delete post above]
6.28.2007 5:30pm
Redman:
It does seem somewhat wasteful to be paying for the work of 9 and getting the work of 1.
6.28.2007 5:54pm
WHOI Jacket:
So, does this theortically make Justice Kennedy the most powerful man in America?
6.28.2007 6:41pm
William Eric Wolff (mail):
Doesn't this mean he's the swing vote? What was O'Connor's record?
6.28.2007 6:49pm