This week we’re concluding our trip through the Justice-by-Justice oral argument analytics data to determine whether it’s possible to predict when a particular Justice is dissenting (although Justice Michael Burke replaced Justice Thomas earlier this year, there is too little data so far to reach any conclusions about his arguments). Today and tomorrow, we’re looking at Justice Neville’s numbers, first for civil cases, then for criminal cases.
So far, Justice Neville has not been particularly active in civil cases. When he’s voting with the majority to affirm, he averages 0.1 questions to appellants and 0.05 to appellees. When he’s joining the majority in an affirmance, it’s 0.28 to appellees, 0.12 to appellants. When he’s in the majority of a split decision, he averages 0.13 to appellees and none to appellants.
So what about dissents? It turns out Justice Neville has been in the minority only twice in civil cases – one an affirmance, one a reversal. He asked no questions in oral argument in either case.
Join us back here tomorrow as we review Justice Neville’s criminal case oral arguments.