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.
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Chief Justice's Importance
- Chief Justice Roberts writes the most important opinions, quantifiable by factors like opinion length and amicus brief numbers.
- Different measures of importance converge on this observation.
Swing Votes and Roberts
- While Roberts isn't the swing vote in all cases, his leadership and opinion assignments matter.
- Gorsuch acts as a swing vote in specific case types.
Coalition on the Court?
- The Chief Justice and Kavanaugh frequently vote together, suggesting a coalition.
- It's hard to define this coalition beyond their voting alignment.