Which Justices Write The Most 9-0 Opinions? 5-4 Opinions?
1 Comment Published by Kedar February 27th, 2009 in Court Procedure, Supreme CourtI’ve been thinking about yesterday’s post about unanimous 9-0 opinions. I think it would be interesting to see which Justices have been assigned the most 9-0 opinions either with or without concurring opinions. These numbers also include 8-0 and 7-0 decisions.
| Justice | OT08 | OT07 | OT06 | Total |
| Roberts | 1 | 5 | 3 | 9 |
| Stevens | 1 | 2 | 3 | |
| Scalia | 2 | 3 | 5 | |
| Kennedy | 1 | 2 | 3 | |
| Souter | 3 | 3 | 5 | 11 |
| Thomas | 1 | 4 | 4 | 9 |
| Ginsburg | 1 | 2 | 2 | 5 |
| Breyer | 3 | 2 | 3 | 8 |
| Alito | 3 | 4 | 3 | 10 |
| Total | 12 | 24 | 27 | 63 |
Bear in mind, as a general rule, each Justice authors 7-8 majority opinions every term, or one for every sitting October-April. With that in mind, its pretty surprising to see a Justice write 5 out of 7 majority opinions for a term in 9-0 decisions. The obvious flip-side to this information would be the number of 5-4 majority opinions authored by each Justice in a given year. These numbers are going to be skewed based on the sheer number of 5-4 opinions that went in the conservative direction.
| Justice | OT08 | OT07 | OT06 | Total |
| Roberts | 1 | 2 | 3 | |
| Stevens | 1 | 1 | 4 | 6 |
| Scalia | 2 | 2 | ||
| Kennedy | 3 | 6 | 9 | |
| Souter | 0 | |||
| Thomas | 1 | 3 | 4 | |
| Ginsburg | 1 | 1 | ||
| Breyer | 2 | 1 | 3 | |
| Alito | 4 | 4 | ||
| Total | 3 | 9 | 21 | 33 |
Justice Stevens authored a lot of 5-4 liberal opinions while Justice Kennedy authored more 5-4 opinions over this period than anyone else. I expected to see that Justices Souter and Ginsburg hadn’t issued many but I was surprised to see that Justice Scalia has only issued two.
Tags: Procedure, Statistics, Supreme Court



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