As of June 2, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson have only issued five dissenting opinions, or responses disagreeing with the majority, out of the 29 argued and signed decisions. That's roughly a 5% dissent rate and represents the lowest rate since Chief Justice John Roberts joined the court in 2005, according to Adam Feldman, founder of the widely cited blog Empirical SCOTUS.
The primary difference is President Joe Biden nominated Jackson to succeed the seat held by now-retired Justice Stephen Breyer. Another factor, Feldman said, is the subject matter of cases, as last year, the court ruled on polarizing issues surrounding Second Amendment rights and allowed the curtailing of abortion access in states.
Feldman said the low rate of dissents could be spurred by the fact that over 50% of the argued and signed decisions this term have been 9-0 unanimous and featured several concurrences, meaning a response that agrees with the majority opinion but for reasons not stated by the primary author. "One is that I think it does deflect a little bit from this sense of, you know, that the court is really, really divided," Feldman said, contending,"That's kind of reading the tea leaves."
Source: Law Daily Report (lawdailyreport.net)
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