Through the end of 2019, Justice Thomas had voted in 141 tort cases. He voted for defendants in 93 of those cases and voted for plaintiffs 48 times.
Justice Thomas’ voting patterns in tort cases have remained relatively stable throughout his tenure. From 2001 to 2004, he voted 30 times for defendants, 16 for plaintiffs. Between 2005 and 2008, he voted 19 times for defendants, 10 for plaintiffs. From 2009 to 2012, he voted 24 times for defendants in tort cases to 11 for plaintiffs. Since that time, he has voted for defendants in 20 cases and for plaintiffs 11 times.
Only 47 of these 141 cases were won by defendants at the Appellate Court. Before the Supreme Court, Justice Thomas has voted to affirm defendants’ wins 31 times and voted to reverse, at least in part, in 16 cases. Between 2001 and 2004, Justice Thomas voted to affirm 13 of 16 tort defendants’ wins. From 2005 to 2008, he voted for defendants nine times, for plaintiffs five times. Since 2009, Justice Thomas has split his votes evenly, voting to affirm nine times and to reverse nine times in cases won by defendants below.
Justice Thomas has voted in 95 tort cases lost by defendants at the Appellate Court, voting to reverse at least in part 63 times and voting to affirm in 32 cases. From 2001 to 2004, Justice Thomas voted to reverse in 17 of 30 cases. From 2005 to 2008, he voted to reverse in 11 of 16. From 2009 to 2012, Justice Thomas voted to reverse 19 times and to affirm in 8 cases. Since 2013, he has voted to reverse in 16 cases of 22.
Join us back here tomorrow as we review Justice Karmeier’s voting record in tort cases.