Last time, we began our review of the data on the criminal docket regarding how often each of the Justices voted with the majority in divided criminal cases between 1990 and 2003. Today, we’re reviewing the years 2004 through 2018.

In Table 1001, we review the most recent data for Justices Burke, Fitzgerald, Freeman, Garman, Karmeier and Kilbride. Justice Burke was between fifty percent and the seventies in eight of thirteen years. Justice Burke was in the seventies once (in 2013), in the sixties three times (2007, 2012 and 2017), in the fifties four times (2008-2009, 2015 and 2018), in the forties once (2014), in the thirties once (2011), in the twenties once (2010) and between zero and twenty percent twice (2006 and 2016). Justice Fitzgerald’s in-the-majority rate was sky-high nearly every year: 91.67% in 2004, 90.91% in 2005, 92.31% in 2006, 95.31% in 2007, 75% in 2008, 100% in 2009 and 91.67% in 2010.

Justice Freeman’s divided majority rate varied during these years but was typically between the sixties and eighties. He was in the sixties four times (2005-2007 and 2012), in the seventies twice (2014 and 2016), and in the eighties three times (2004, 2013 and 2017). Justice Freeman was also in the thirties twice (2010-2011), in the forties once (2009) and in the fifties twice (2008, 2015). Justice Garman has been in the seventies three times (2014, 2017 and 2018), in the eighties six times (2004-2005, 2009, 2013 and 2015-2016), and in the nineties three times (2007, 2010 and 2012). Justice Karmeier’s divided majority rate was 100% twice (2005 and 2012), in the nineties three times (2006, 2010 and 2013), and in the eighties four times (2009 and 2014-2016). Justice Kilbride’s divided majority rate was all over the map: at 100% three times (2010, 2013 and 2018), in the nineties once (2011), in the eighties twice (2014 and 2015), in the seventies once (2004), in the sixties twice (2006 and 2009), in the fifties three times (2012 and 2016-2017), in the thirties once (2007) and in the twenties twice (2005 and 2008).

In Table 1002, we report the data for Justices McMorrow, Neville, Rarick, Theis and Thomas. Justice McMorrow voted with divided majorities in 92.86% of criminal cases in 2004, 72.73% in 2005 and 45.46% during her final year of 2006. Justice Neville voted with divided majorities in two-thirds of criminal cases last year. Justice Rarick’s rate was 92.31% in 2004. Justice Theis has been in the eighties four times in nine years – 2012, 2015 and 2017-2018 – and at 100% in 2010 and 2016. Justice Thomas’ voting with divided majorities rate has generally been quite high – in the seventies twice (2008 and 2013), in the eighties three times (2012, 2015 and 2017-2018), in the nineties five times (2005, 2007, 2010 and 2012-2013 and at 100% in 2006.

Join us back here next Tuesday as we turn our attention to a new issue.

Image courtesy of Flickr by Jack Wickes (no changes).