Amid signs of dysfunction and disarray, Chief Justice John Roberts reasserted his authority, while the influence of Justices Clarence Thomas and Samuel Alito waned.
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The Supreme Court term that ended on Monday was studded with more potential blockbusters than any in recent memory.
Former President Donald J. Trump had a very good year at the Supreme Court. On Monday, the court ruled that he is substantially immune from prosecution on charges that he tried to subvert the 2020 election. On Friday, the court cast doubt on two of the four charges against him in what remains of that prosecution. And in March, the justices allowed him to seek another term despite a constitutional provision barring insurrectionists from holding office.
Administrative agencies had a horrible term. In three 6-to-3 rulings along ideological lines, the court’s conservative supermajority erased a foundational precedent that had required courts to defer to agency expertise, dramatically lengthened the time available to challenge agencies’ actions and torpedoed the administrative tribunals in which the Securities and Exchange Commission brings enforcement actions.
The court itself had a volatile term, taking on a stunning array of major disputes and assuming a commanding role in shaping American society and democracy. If the justices felt chastened by the backlash over their 2022 abortion decision, the persistent questions about their ethical standards and the drop in their public approval, there were only glimmers of restraint, notably in ducking two abortion cases in an election year.
The court was divided 6 to 3 along partisan lines not only in Monday’s decision on Mr. Trump’s immunity and the three cases on agency power, but also in a run of major cases on homelessness, voting rights, guns and public corruption.
An unusually high proportion of divided decisions in argued cases — more than two-thirds — were decided by 6-to-3 votes. But only half of those decisions featured the most common split, with the six Republican appointees in the majority and the three Democratic ones in dissent.
A Lack of Consensus in Agreement
The rate of concurring opinions — more than one per case — hit a record high.
1.05
1.0
0.8
0.6
0.4
Concurring
opinions per case
0.2
’40
’50
’60
’70
’80
’90
’00
’10
’23
1.05
1.0
0.8
0.6
0.4
Concurring
opinions per case
0.2
’40
’50
’60
’70
’80
’90
’00
’10
’23
Source: Analysis by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael Nelson, Penn State; using the Supreme Court Database.
Years reflect the start of terms.
The New York Times
A Highly Polarized Court
Some of the current justices are among the most conservative and most liberal in recent history. Each bar represents the rate at which each justice since 1937 voted for a liberal result.
RATE OF LIBERAL VOTES
0%
20%
40%
60%
80%
Sotomayor
Jackson
Kagan
Former
justices
Roberts
Gorsuch
Kavanaugh
Barrett
Alito
Thomas
RATE OF LIBERAL VOTES
0%
20%
40%
60%
80%
Sotomayor
Jackson
Kagan
Former
justices
Roberts
Gorsuch
Kavanaugh
Barrett
Alito
Thomas
Source: Analysis by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael Nelson, Penn State; using the Supreme Court Database.
Votes in divided cases.
The New York Times
The Court’s Partisan Gap
How often each of the court’s ideological blocs voted for a liberal result.
100%
83%
Democratic
appointees
80%
60%
40%
33%
Republican
appointees
20%
’53
’60
’70
’80
’90
’00
’10
’23
100%
83%
80%
Democratic
appointees
60%
40%
33%
Republican
appointees
20%
’53
’60
’70
’80
’90
’00
’10
’23
Source: Analysis by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael Nelson, Penn State; using the Supreme Court Database.
Votes in divided cases. Years reflect the start of terms.
The New York Times
Trump Justices Are Not the Court’s Most Conservative
How often each justice voted for a liberal result.
Trump appointees
100%
Kagan
Sotomayor
80%
Jackson
60%
Barrett
Gorsuch
40%
Roberts
Kavanaugh
Thomas
20%
Alito
Last term
This term
100%
Kagan
Sotomayor
80%
Jackson
60%
Trump appointees
Barrett
Gorsuch
40%
Roberts
Kavanaugh
Thomas
20%
Alito
Last term
This term
Source: Analysis by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael Nelson, Penn State; using the Supreme Court Database.
Votes in divided cases.
The New York Times
The Trump Administration Has Fared Poorly
The former president won personal victories at the court this term, but his administration has had the lowest success rate in the modern era.
ADMINISTRATION SUCCESS RATE
50%
Biden
54%
Trump
42%
Obama
50%
W. Bush
62%
Clinton
63%
H.W. Bush
70%
Reagan
75%
Carter
66%
Ford
74%
Nixon
67%
Johnson
69%
Kennedy
60%
Eisenhower
63%
Truman
65%
Roosevelt
66%
ADMINISTRATION SUCCESS RATE
50%
Biden
54%
Trump
42%
Obama
50%
W. Bush
62%
Clinton
63%
H.W. Bush
70%
Reagan
75%
Carter
66%
Ford
74%
Nixon
67%
Johnson
69%
Kennedy
60%
Eisenhower
63%
Truman
65%
Roosevelt
66%
Source: Analysis by Lee Epstein and Andrew D. Martin, Washington University in St. Louis; and Michael Nelson, Penn State; using the Supreme Court Database.
The New York Times
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Source: nytimes.com
