Posted on Friday, Sep 25, 2020 at 4:42 pm Posted by Adam Feldman
In the week following the death of Judge Ruth Bader Ginsburg, the legal community simultaneously honored her legacy. Heartfelt eulogy And it prepared for the next battle on its vacant seat. If President Trump is able to appoint a successor to Ginsburg, we can see the court Greatest shift to the right In recent history. This article sheds statistical light on some of Ginsburg’s works in court as well as what to expect now after her death.
Ginsburg kept herself busy in court, even by the standards of other judges. Since its confirmation in 1993, it has composed 213 majority opinions, the most number of opinions of any Justice during that period.
Although Ginsburg is known for her vigorous opposition, she wrote far fewer dissidents during this period than Judges Clarence Thomas, Antonin Scalia, John Paul Stephens and Stephen Breyer. She has composed fewer endorsements than these judges too.
Ginsburg also had the fastest composing justice, measured by the average time between oral arguments and signed decisions. The graph below shows average authoring time in fairness from 1993-1994 through 1919-2018. The term 2019-20 has been excluded due to distant arguments in May 2020 due to the coronavirus pandemic.
As a testament to her speedy composition, Ginsburg took the shortest time from controversy to decision on a case in the final act: she only needed 36 days to write her opinion in a unanimous court in Scholar v. United States.
in between Main opinions Ginsburg’s authorship during her career are the majority opinions on The United States v Virginia, Daimler AG v. Bowman And Arizona ring. [Disclosure: Goldstein & Russell P.C., whose attorneys contribute to SCOTUSblog, was counsel to the respondents in Daimler. The author of this article is not affiliated with the firm.] The following diagram shows the most important Ginsburg cases mentioned in Westlaw. The United States vs. Virginia, In which the court ended the Virginia Military Institute’s policy of excluding female students, it was not at the top of the aforementioned list but was included as a reference point, given the reputation of the case.
Her most quoted opinion came Porter vs. seedLegal Interpretation Decision Concerning Remedies Under the Prison Litigation Reform Act 1995.
While Ginsburg never reached the frequencies in the majority as Chief Justice John Roberts did Last term frequency 97%As a steadfast member of the liberal minority on the court, Ginsburg’s percentage has generally ranged around 80% and ranged from 70% in 2011 to 88% in 2015. The graph below shows the frequencies of the Ginsburg majority at the top and the number of votes in the majority and opposition below.
Now that Ginsburg is no longer in court, many are questioning whether Republicans will successfully confirm a Trump-appointed replacement by the November election. Although not many judges have died in office recently, resulting in a lack of relevant data points, history suggests this is possible. The following graph shows the time from nomination to confirmation for the last 10 judges who succeeded the court members who died in office.
Note that Scalia and Chief Justice William Reinquist have been the only two judges who have died while in office since 2000, and that the last death in office before Rehnquist occurred before 1960. And although many of the justices in the above chart are not recent, it has been Confirm it within a month of nomination.
However, proximity to elections creates a situation different from any of the above mentioned cases. Since the Senate has a Republican majority and both are Trump card And Senate Majority Leader Mitch McConnell Pay for the nomination and vote as soon as possible, and we are sure to see confrontation during the pre-election period. We may still see a judge nomination Amy Connie Barrett, as you expected More than a year ago when I wrote about what would happen if the Ginsburg seat became vacant under Trump? We’re sure to find out soon.
This post was originally published on Imperial Scotts.
Scotus Experimental: Judge Ginsburg leaves a lasting legacy in court,
Scotus Blog (September 25, 2020, 4:42 pm), https://www.scotusblog.com/2020/09/empirical-scotus-justice-ginsburg-leaves-a-lasting-legacy-on-the-court/