Why So Few 5-4 Decisions?:
Linda Greenhouse has an interesting article in the New York Times reporting on and speculating about the cause of the very surprising number of 5-4 cases at the Supreme Court so far this term: So far only 1, and in a statutory case.
Some of Greenhouse's possible explanations strike me as plausible, although some strike me as quite unlikely (such as her theory that Chief Justice Roberts was chastened by a critical paragraph in Richard Posner's new book). My own speculation is that part of it is just a coincidence; a lot of cases decided so far this term were just lopsided by nature. Also, I would guess that part of it is the Justices settling in a bit with each other and realizing that they need to pick their battles more carefully than they did last Term.
Some of Greenhouse's possible explanations strike me as plausible, although some strike me as quite unlikely (such as her theory that Chief Justice Roberts was chastened by a critical paragraph in Richard Posner's new book). My own speculation is that part of it is just a coincidence; a lot of cases decided so far this term were just lopsided by nature. Also, I would guess that part of it is the Justices settling in a bit with each other and realizing that they need to pick their battles more carefully than they did last Term.
Related Posts (on one page):
- 5-4 Split Watch:
- 5-4 Split Watch:
- 5-4 Split Watch:
- Is OT2007 Much of a Surprise?
- Where'd the 5-4 Splits Go?
- Why So Few 5-4 Decisions?: