Yesterday, we took a closer look at last week’s analysis of the unanimity rate, asking how much of the docket was accounted for by one, two and three dissenter cases.  Over the entire period 1990-2017, 12.86% of the criminal decisions had one dissenter, 10.65% had two – both slightly below the rate in civil cases – and 8.38% of the criminal cases were decided 4-3 (a bit above the civil rate).

For the years 1990 to 1996, one dissenter cases varied – four years over the long-term average, three years under.  Two dissenter cases were similar – four years over the long term average, three under.  Three dissenter cases were well below the long term average from 1990 to 1993, but above in from 1994 to 1996.  One dissenter cases were 13.04% of the civil docket in 1990, 13.79% in 1991, 5.43% in 1992, 9.3% in 1993, 12.31% in 1994, 13.92% in 1995 and 7.41% in 1996.  Two dissenter cases were 5.8% of the criminal docket in 1990, 8.62% in 1991, 10.87% in 1992, 2.33% in 1993, 15.38% in 1994, 17.72% in 1995 and 14.81% in 1996.  Three dissenter cases were very uncommon in the criminal docket from 1990 to 1993 – 1.45% in 1990, 1.72% in 1991, 1.09% in 1992, 4.65% in 1993, but then rose to 10.76% in 1994, 8.86% in 1995 and 9.26% in 1996.

One and three dissenter cases were above the long-term trend level for much of the period 1997 to 2003, while two dissenter cases were a bit down.  One dissenter cases were 12.7% in 1997 and 12.5% in 1998 before tripling in 1999 and 2000 – 35.85% and 39.53%.  For the years 2001 to 2003, they settled back down – 18.97% in 2001, 12.86% in 2002 and 10.77% in 2003.  Two dissenter were up in the years 2000 to 2002, but otherwise, at or below the long-term average: 9.52% in 1997, 8.33% in 1998, 9.43% in 1999, 13.95$ in 2000, 17.24% in 2001, 20% in 2002 and 9.23% in 2003.  Three dissenter cases were 17.46% of the criminal docket in 1997, 9.72% in 1998, 9.43% in 1999, 19.77% in 2000, 3.45% in 2001, 12.86% in 2002 and 26.15% in 2003.

By and large, dissent was down across the board – one, two and three dissenter cases – for the years 2004 and 2010.  One dissenter cases were 14.52% of the criminal docket in 2004, 8.47% in 2005, 10% in 2006, 10.71% in 2007, only 4% in 2008, 5.77% in 2009 and 9.09% in 2010.  Two dissenter cases were 8.06% in 2004, 6.78% in 2005, 12% in 2006, 10.71% in 2007, only 2% in 2008, 9.62% in 2009 and 12.73% in 2010.  Three dissenter criminal cases were only 1.61% of the docket in 2004 and 3.39% in 2005 before rising to 6% in 2006, 7.14% in 2007, 1% in 2008, 7.69% in 2009 and 3.64% in 2010.

Dissent has remained low across the board from 2011 to 2017.  The Court had no one-dissenter criminal cases at all in 2011, 12.12% in 2012, 13.16% in 2013, 5.88% in 2014, 6.06% in 2015, 5.71% in 2016 and 14.71% in 2017.  Two dissenter cases were 10% of the criminal docket in 2011, 9.09% in 2012, 13.16% in 2013, 8.82% in 2014, 6.06% in 2015, 8.57% in 2016 and only 2.94% last year.  Three dissenter cases were 12% of the criminal docket in 2011, 9.09% in 2012, 5.88% in 2014, 6.06% in 2015, 5.71% in 2016 and 8.82% in 2017.  There were no three dissenter criminal cases in 2013.

Join us back here next week as we turn our attention to a new subject.

Image courtesy of Flickr by Jeff Sharp (no changes).