The indispensable Scotusblog "StatPack" compilation from the Supreme Court's 2008-2009 Term yields much grist for the mill. Among the numbers and corresponding questions that jump out:
The court decided 79 cases. Of these, 23 were decided on a 5-4 basis; the kind that has court reporters wearing out the "a closely divided Supreme Court" keys on the keyboard. So what does this say about Chief Justice John Roberts' famed pledge to seek, as it has been generally summarized, greater unanimity?
Most prolific justice: John Paul Stevens and Stephen Breyer tied with 29 opinions each. So what is Justice Stevens, age 89, putting in his cereal?
In 59 of the cases, or 74 percent of the time, the court reversed or vacated the lower court's decision. So what will this do to Republican arguments that nominee Sonia Sotomayor is an oft-dissed, oft-reversed judge?
The 9th Circuit was reversed 81.3 percent of the time. On the other hand, seven other circuits were reversed 100 percent of the time (on fewer cases.) So when do we get to stop chortling about the oft-dissed, oft-reversed 9th Circuit?
The Great Dissenter: Justice Stevens, again, with 28 dissenting votes.
The Great Straddler Go-To Guy: Justice Anthony Kennedy, with only 6 dissenting votes. Kennedy also led the court by being in the majority of 5-4 decisions 18 times.
The Great Eccentric Courageously Principled Jurist: Justice Clarence Thomas, leading the court with three solo dissents in 8-1 cases.
What does the GOP have over Thomas that makes him so compliant? Besides the fact that three of the senators who voted for him 52:48 later said they should have voted the other way? I so wish Kennedy would grow a spine and start standing up to Scalia more; Nino is not much more than a bully on the court. And somebody let George Will in on those reversal rates by circuit; he's badly out of date on it.
Posted by: borisjimbo | July 01, 2009 at 03:51 AM