As our review of Justice Theis’ tenure continues, this time we’re assessing the degree to which Justice Theis is in sync with the majority of the Court by measuring her dissent rate. In Table 1847, we report the fraction of civil cases, year by year, in which Justice Theis joined the majority.
Justice Theis’ highest rate for a full year was 2011, when she voted with the majority 97.06% of the time. She fell below 90% three times – 2014 (88.89%), 2017 (88.46%) and 2019 (88.24%). Overall since joining the Court, Justice Theis has joined the majority in 93.35% of her civil cases.
Justice Theis has voted with the majority in 94.99% of her criminal cases. Her highest full year was 2016, when she was with the majority in every case. In 2019, she joined the majority in only 76.19% of her criminal cases. She was over 95% (aside from 2016) five times – 2011 (97.78%), 2015 (96.97%), 2017 (97.06%) and 2020 (96.43%).
Next week, we’ll consider the areas of civil and criminal law in which Justice Theis has written opinions.