The Supreme Court decided 150 criminal constitutional law cases between 2000 and 2009. The Court ruled for defendants in 58 cases and against defendants in the remaining 92. Between 2000 and 2002, the defendants won 22 cases and lost 23. Between 2003 and 2006, defendants won 27 cases and lost 46. Between 2007 and 2009,
Kirk Jenkins
Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review. Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.
How Have Criminal Defendants Fared at the Supreme Court in Constitutional Law Cases (1990-1999)?

This week and next, we’re taking a break from our review of the Justices’ voting records in areas of civil law to look at criminal constitutional law cases. First, we’re reviewing the Court’s overall record in these cases.
The Court decided 143 criminal cases between 1990 and 1999 involving constitutional law issues. Criminal defendants won…
Reviewing the Voting Records of Justices Theis and Neville in Civil Procedure Cases

Justice Theis has participated in 47 civil procedure cases since taking her seat in 2011. She has supporting plaintiffs in 22 cases and voted for defendants 27 times. From 2011 to 2015, she voted for plaintiffs 12 times and for defendants in 17 cases. From 2016 to 2019, she split her votes evenly in 20…
Reviewing Chief Justice Burke’s Voting Record in Civil Procedure Cases

Chief Justice Burke participated in 63 civil procedure cases between 2007 and 2019, voting for plaintiffs in 30 cases and for defendants 33 times. From 2007 to 2010, she split her votes in 14 cases between plaintiffs and defendants. From 2011 to 2015, she voted for plaintiffs 13 times and for defendants in 16 cases. …
Reviewing Justice Karmeier’s Voting Record in Civil Procedure Cases

Justice Karmeier has participated in 77 civil procedure cases since he joined the Court in 2005. He has voted for plaintiffs in 30 of those cases and voted against plaintiffs 47 times. From 2005 to 2010, Justice Karmeier voted for plaintiffs in 11 of 28 cases. From 2011 to 2015, he voted for plaintiffs in…
Reviewing Justice Thomas’ Voting Record in Civil Procedure Cases

Since joining the Court, Justice Thomas has participated in 98 civil procedure cases. He has voted for plaintiffs’ position in 40 of those cases and against plaintiffs in 58. From 2001 to 2005, Justice Thomas voted for plaintiffs in 14 of 32 cases. From 2006 to 2010, he voted for plaintiffs eight times and against…
Reviewing Justice Kilbride’s Voting Record in Civil Procedure Cases

Justice Kilbride has participated in 103 civil procedure cases since joining the Court, voting for plaintiffs 52 times and for defendants in 51 cases. Between 2001 and 2005, he voted for plaintiffs in 18 of 33 cases. Between 2006 and 2010, he voted for plaintiffs in 11 of 21 cases. From 2011 to 2015, he…
Reviewing Justice Garman’s Voting Record in Civil Procedure Cases

Since joining the Court in 2001, Justice Garman has participated in 104 cases primarily involving civil procedure issues. She has supported plaintiffs’ position in 43 of those cases and has supported defendants in 61. That record has been relatively consistent across time – she supported plaintiffs in 14 of 32 cases from 2001 to 2005,…
How Have Defendants Fared in Civil Procedure Cases Between 2010 and 2019?

Between 2010 and 2019, the Supreme Court decided fifty-four cases primarily involving civil procedure issues. Defendants won 30 of those cases and lost 24. Between 2010 and 2012, defendants were 11-5. Between 2013 and 2017, defendants won only nine of nineteen cases. Over the past two years, defendants were 10-9.

The Court decided 24 cases…
How Did Defendants Fare in Civil Procedure Cases Between 2000 and 2009?

Between 2000 and 2009, the Supreme Court decided 54 civil procedure cases. Defendants won 28 cases and lost 26. Defendants were 9-5 in 2000 and 2001 and stayed near .500 for the rest of the decade.

The Court decided 23 cases won by the defendants at the Appellate Court. The Court affirmed 11 of those…