Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012:

Comparing agreement rates for partial Terms can be tricky because the Court releases a disproportionate number of unanimous and 8-1 opinions early in the Term, and a disproportionate number of 5-4 and 6-3 opinions late in the Term. Therefore, if you want to figure out whether Justices Scalia and Thomas have been disagreeing more than usual, you have to look at how they’ve historically agreed through that point in past Terms.

I have interim numbers for Terms from October Term 2008 to the present. Here are the Scalia-Thomas agreement numbers through April for the past four Terms and October Term 2012:

Full Partial Judgment
Only
OT08 79% 85% 88%
OT09 83% 95% 95%
OT10 64% 81% 86%
OT11 78% 88% 94%
Avg. 76% 87% 91%
OT12 68% 84% 87%

Here are the graphs for each level of agreement:

agreement

So, I think the conclusion is that the Justices Scalia and Thomas are disagreeing at a higher rate than usual, but not by much.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Four 8-1 Decisions in One Day: The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case...
  • January Hearing List Released: The Supreme Court has released the Hearing List for the January sitting and you can find it here. Several high-profile advocates are back...
  • Updated Term Stats: Term Index Vote Breakdown Vote Breakdown Stats --- You can see from the Term Index that Justice Stevens is the most likely author of...
  • Advocate Watch: With the Term quickly approaching it's midway point, we can take a look at which advocates have made the biggest mark on the Term. Hearing L...
  • A Big Little Case: Next Wednesday, the Supreme Court will hear arguments in an interesting case about water law in Montana, PPL Montana v. Montana. The case wi...