Last time, we reviewed the Justices’ agreement rates in divided criminal decisions between 1996 and 2001. In this post, we’re looking at the data for the years 2002 to 2007.
Because Justice Burke only joined the Court in 2006, her agreement rates vary widely among her colleagues – Justice Freeman 100%, Justices Fitzgerald, Garman and Thomas 44.44%, Justice Karmeier 33.33% and Justice Kilbride 22.22%. Justice Freeman had an agreement rate of 88.37% with Justice Rarick, 69.81% with Justice Fitzgerald, 58.06% with Justice Karmeier, 55.66% with Justice Kilbride, 49.07% with Justice Thomas and only 25% with Justice Harrison. Justices Garman and Fitzgerald had an agreement rate of 88.46%.
Justices Garman and Karmeier had an agreement rate of 87.1%. Justices Garman and Thomas were close behind at 81.13%. Justice Garman had an agreement rate of 74.42% with Justice Rarick, 64.42% with Justice Freeman, 41.9% with Justice Kilbride and 30% with Justice Harrison. Justices Harrison and Fitzgerald had an agreement rate of 18.75%. Justices Karmeier and Fitzgerald were at 80.65%. Justice Kilbride’s agreement rates were 75.56% with Justice Rarick, 70% with Justice Harrison, 46.73% with Justice Fitzgerald, 43.33% with Justice Karmeier and 28.44% with Justice Thomas.
Justice McMorrow’s closest match during these years was Justice Rarick at 88.89%. Her agreement rate was 88.42% with Justice Freeman and 70.83% with Justice Fitzgerald. Justices McMorrow and Garman were at 65.96%, and her rates with Justices Kilbride, Karmeier and Thomas were all in the fifties (53.61%, 52.63% and 51.02%, respectively). Justices McMorrow and Harrison had an agreement rate of only 19.05%. Justices Rarick and Fitzgerald were at 74.47%. Justice Thomas’ closest march was Justice Karmeier: 90.32%. Justices Thomas and Fitzgerald were at 74.08%. Justices Thomas and Rarick had an agreement rate of only 37.78%, and Justices Thomas and Harrison were at 30%.
Join us back here next week as we conclude our agreement rates series with the years 2008-2013 and 2014-2018.