Yesterday, we reviewed the Justices’ agreement rates in civil cases for the years 2002 through 2007. Today, we’re looking at the agreement rates for the next six years – 2008 through 2013, with one change. Since we’re now getting into a period where nearly all the current members of the Court had begun their tenures, rather than presenting data several combinations at a time, we reorganize the data to compare a single Justice’s agreement rates with each other sitting Justice. Of course, this creates a bit of repetition in the tables – to make comparisons easy, each pairing is repeated on both Justice’s charts. In other words, the rate for “Burke-Karmeier” below is reported again on Justice Karmeier’s table as “Karmeier-Burke.”
We begin with Justice Burke. Justice Burke’s closest match in civil cases during these years was Justice Freeman – the two Justices voted together in 84.85% of divided civil cases. Next were Justice Theis at 67.5%, Justice Fitzgerald at 64%, Justice Garman at 62.12% and Justice Thomas at 60.66%. Justices Burke and Karmeier agreed in 58.21% of divided civil cases. Justices Burke and Kilbride agreed in only 36.36% of such cases.
The 84.85% agreement rates between Justices Freeman and Burke was Justice Freeman’s closest match also. Justices Theis (67.5%), Fitzgerald (61.54%) and Thomas (59.02%) were next. Justices Freeman and Garman agreed in 58.21% of divided civil cases, and Justices Freeman and Karmeier agreed 52.94% of the time. Justice Freeman’s agreement rate with Justice Kilbride was the same as Justice Burke’s – 36.36%.
Justice Garman’s closest match during these years was Justice Thomas – the two agreed in 87.1% of divided civil cases. Justices Karmeier (78.79%) and Theis (77.5%) were close behind. Justices Garman and Burke agreed in 62.12% of cases, and Justices Garman and Fitzgerald agreed in 61.54%. Justices Garman and Freeman agreed in 58.21% of civil cases, and Justice Garman agreed with Justice Kilbride 42.42% of the time.
Justice Kilbride’s closest match on the Court was Justice Fitzgerald, at 65.38%. Justice Kilbride voted with Justice Theis in 52.5% of cases, and with Justice Thomas in 50%. Justice Kilbride and Justice Garman’s agreement rate was 42.42%, and his agreement rate with Justice Karmeier was 40.3%. His lowest agreement rates during these years were with Justices Freeman and Burke – both 36.36%.
Justice Karmeier’s highest agreement rates were, not surprisingly, with the other Republican Justices – Justice Thomas at 80.65% and Justice Garman at 78.79%. Justices Karmeier and Theis agreed in 70% of divided civil cases. Justices Karmeier and Fitzgerald agreed 62.96% of the time. Justice Karmeier agreed with Justices Burke and Freeman 58.21% and 52.94% of the time, respectively. Justice Karmeier’s lowest agreement rate was with Justice Kilbride – 40.3%.
Justice Thomas’ closest matches were Justice Garman at 87.1% and Justice Karmeier at 80.65%. Justices Thomas and Fitzgerald had an agreement rate of 78.26%, and Justices Thomas and Theis were at 72.97%. Justices Thomas and Burke agreed in 60.66% of divided civil cases. His lowest agreement rates were with Justice Freeman (59.02%) and Kilbride (50%).
During these years, Justice Theis’ highest agreement rate was with Justice Garman (77.5%), followed by Justice Thomas (72.97%) and Justice Karmeier (70%). Justice Theis’ agreement rate with Justices Burke and Freeman was identical at 67.5%. Her lowest agreement rate was with Justice Kilbride at 52.5%.
Join us back here next week as we take the Court’s civil agreement rates up to the present day, and begin our trip through the data for divided criminal cases.