How Many Opinions Did Every Justice Write Throughout OT 2021?


Throughout the October 2021 Time period, every Justices authored between 5 and eight majority opinions. The Chief assigned himself essentially the most majority opinions (8) and Justice Kavanaugh had the fewest (5).

Justice Kavanaugh wrote essentially the most concurring opinions with 8. Certainly, Kavanaugh beat Thomas and Alito, who every had 7. 5 of the Kavanaugh concurrences have been solo (WoodRamirezShurtleffDobbs, and Biden v. Texas). The opposite three have been joined by Barrett (Zubaydah), Gorsuch (Cummings), and Roberts (Bruen). We’re nicely acquainted by now with the Kavanaugh concurrence, which stakes out some center floor to reasonable a majority opinion.

Gorsuch wrote 5 concurrences. Not like the Kavanaugh concurrences, lots of the Gorsuch concurrences would push even additional than did the bulk. Some concurrences push the Court docket to the fitting (NFIB v. OSHA, Shurtleff, EgbertWest Virginia v. EPA). Different concurrences push the Court docket to the left (WoodVaello Madero).

Justice Barrett wrote 4 concurrences. In Bruen, Barrett’s solo concurrence requested whether or not the originalist level of inquiry must be 1791 or 1868. Her different three separate writings got here in Viking River Cruise (joined by Kavanaugh and Chief partially), Wood (joined by Thomas), and Tsarnaev (joined by Gorsuch). Not like Kavanaugh and Gorsuch, the Barrett concurrences don’t search to maneuver the Court docket to the fitting, left, or center. They normally increase some questions to consider, like in Bruen, and final Time period, in Fulton.

Now, let’s flip to dissents. Justice Sotomayor wrote 13 (!) dissenting opinions. Her work load this time period was prodigious.

Then now we have Justice Thomas. He wrote 8 dissents. A number of of these dissents have been solo, and would have gone additional than the bulk, like in Entire Girl’s Well being.  And people 8 dissents have been on prime of seven majority opinions, and seven concurrences. On the so-called Thomas Court docket, Thomas was often branching out on his personal! He retains busy. Justice Breyer, in his ultimate time period had 8 dissents, with only one concurrence. Justice Kagan had 7 dissents, with 4 concurrences. (To be truthful, the Court docket’s three progressives have been every credited with authoring Dobbs.)

Justice Gorsuch additionally wrote 8 dissents. Three have been solo YOLO dissents (BabcockKemp, and Shoop). The opposite 5 have been lefty-dissents: Zubaydah (joined by Sotomayor), Patel (joined by Breyer, Sotomayor, and Kagan), Denezpi (joined by Sotomayor and Kagan), George (joined by Breyer and Sotomayor), and Castro-Huerta (joined by Breyer, Sotomayor, and Kagan).

Gorsuch doesn’t match on a standard ideological scale. For instance, the Occasions plotted him someplace close to Roberts, Kavanaugh and Barrett, however he isn’t within the middle. The identical particular person would dismantle the executive state however cede half of Oklahoma to Indian tribes. On some circumstances, he’s laborious left. On different circumstances, he’s laborious proper. He’s robust to characterize. However, with the regulation of averages, he falls within the center.

Justice Kavanaugh wrote two dissents. The primary dissent, Concepion was a 5-4 case.  I believe it’s doable that Kavanaugh misplaced the bulk opinion in Concepion after Gorsuch flipped, as Sotomayor had two assignments from January. Kavanaugh’s second dissent was in Empire Well being. The latter case is the form of nerdy difficulty that D.C. Circuit judges appear to take pleasure in.

Justice Barrett wrote two dissents. The primary Nance v. Ward, was joined by Justices Thomas, Alito, and Gorsuch. (I imagine this was the one time that Thomas assigned Barrett a dissent this time period.) The second was Biden v. Texas. Recall that Barrett agreed with the Chief on the deserves, however discovered the Court docket lacked jurisdiction.

In whole, Justice Sotomayor had essentially the most opinions with 24. Justice Thomas trailed behind her with 22, and Justice Gorsuch had 20. The Justices with the fewest opinions have been Barrett with 12, and Roberts with 11. Traditionally, the Chief Justice doesn’t write individually typically. And final yr, wherein Barrett had a partial time period, she wrote just one concurrence (Fulton) and three dissents. After the Chief, Barrett appears much less more likely to write individually.