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Advisory Opinions

Revisiting 3-3-3

Sep 12, 2024
Adam Feldman, an expert in Supreme Court statistics and analysis affiliated with Empirical SCOTUS, joins to discuss the intriguing concept of a 3-3-3 court and the complexities of measuring judicial ideology. He dives into the vital role of Chief Justice John Roberts and the dynamics of power within the Court. The conversation also explores the distinctions between political and judicial conservatism and the significant trends in unanimous decisions despite increasing ideological divisions. Feldman sheds light on the implications of these shifts for the legal landscape.
01:02:16

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Podcast summary created with Snipd AI

Quick takeaways

  • Chief Justice Roberts is central to Supreme Court discourse, significantly shaping legal outcomes through influential opinions and coalitions.
  • The concept of a '333 court' reflects a complex ideological balance among justices, complicating the categorization of their political leanings.

Deep dives

The Significance of Chief Justice Roberts

Chief Justice Roberts is highlighted as the author of the most important opinions on the Supreme Court, as determined through various metrics. His significant writing is evidenced by the length of his opinions, the volume of amicus briefs submitted, and the incidence of separate opinions associated with his majority writings. Recent cases like Trump vs. United States reinforce this notion, showcasing Roberts' influential role in shaping legal discourse. Despite the shifting dynamics of the court, including the emergence of Kavanaugh as a pivotal vote, Roberts remains central to discussions regarding the court's trajectory.

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