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

  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...
  • Advocate Scorecard for OT00-Present: This weekend, I went through all the oral argument transcripts from OT00 through OTO8 and I counted how many times each of the major advocat...
  • Measuring Justice Sotomayor's Liberal Bona Fides: Justice Sotomayor has completed two years on the Supreme Court and, as she begins her third, it seems like an appropriate time to take an in...
  • PDF Packs for the Past Decade: I've been pillaging the Supreme Court's website in search of PDFs that I can archive for future reference. Using the Court's website and the...
  • Term Index Updated: I've updated the Term Case Index to reflect the four opinions handed down this week. Earlier today I released opinion authorship statistics ...