Last week, we began our review, six years at a time, of the Justices’ agreement rates in civil cases. First, we addressed the years 1990 through 1995, and then, we looked at the years 1996 through 2001. Today, we’re turning our attention to the civil agreement rates for the years 2002 to 2007.
During these years, Justices Burke and Fitzgerald had relatively high agreement rates with several Justices. Justices Burke and Freeman agreed 88.89% of the time. Justice Burke agreed with both Justice Fitzgerald and Justice Kilbride 77.78% of the time. Justice Fitzgerald voted with Justice Garman in 75% of divided cases and with Justice Freeman in 70.51%. Justices Burke and Thomas agreed in 62.5% of cases, and Justices Freeman and Thomas voted together in 62.67%. Justices Freeman and Karmeier agreed in 58.62% of divided civil cases. Justice Freeman voted with Justice Rarick in 56% of cases and with Justice Kilbride in 53.85%. Justices Burke and Karmeier voted together only 33.33% of the time, and Justices Freeman and Harrison were at 35.71%. Finally, Justices Burke and Garman had an agreement rate of 28.57%.
Among our second group of combinations, Justices Kilbride and Harrison had the highest agreement rate – 84.62%. Three sets of Justices were in the seventies: Justice Garman with Justices Karmeier (73.08%) and Thomas (79.17%), and Justices Karmeier and Fitzgerald (72.41%). Justices Kilbride and Rarick had an agreement rate of exactly 60%. Four combinations were in the fifties – Justices Garman and Freeman (55.26%), and Justice Kilbride with three Justices: Fitzgerald (58.44%), Karmeier (55.17%) and Thomas (50%). Two combinations were in the forties – Justices Garman and Kilbride, and Justices Harrison and Fitzgerald (46.15%). Justices Garman and Harrison were at 35.71%, and Justices Garman and Rarick agreed in only one-quarter of divided civil cases.
Our final group of combinations for the most part ran a bit lower than recent trends. Two combinations, Justices McMorrow and Freeman (83.33%) and Justices Thomas and Fitzgerald (86.49%) were in the eighties. Justices Thomas and Karmeier had an agreement rate of 76%. Justices McMorrow and Fitzgerald (64.62%), Justices McMorrow and Karmeier (66.67%) and Justices Rarick and Fitzgerald (64%) were next. Justices McMorrow and Garman were at 58.33%, and Justices McMorrow and Thomas agreed 59.38% of the time. Four combinations of Justices had agreement rates in the forties – Justices McMorrow and Kilbride (41.54%), Justices McMorrow and Rarick (44%), Justices Thomas and Harrison (42.86%) and Justices Thomas and Rarick (44%). Justices McMorrow and Harrison agreed in only 38.46% of divided civil cases.
Join us back here tomorrow as we address the years 2008 to 2013.