Supreme Court update: Roberts and Kavanaugh hold key votes.

The Supreme Court’s Recent Term: A Mix of Sweeping Decisions and Surprising Alliances

The completion of the Supreme Court’s recent term brought forth a range of sweeping decisions that captured public attention. From the end of affirmative action in college admissions to curbing anti-discrimination laws, these rulings were hailed as victories by conservatives. However, Chief Justice John Roberts, who has led the court for 17 years, surprised many with his voting patterns that defied partisan expectations.

Roberts authored several opinions that did not align with conservative interests. In one case, Moore v. Harper, he struck a blow to a legal theory supported by North Carolina Republicans, challenging their attempt to prevent state courts from reviewing gerrymandered congressional districts. Additionally, Roberts authored an opinion in Allen v. Milligan that will require Alabama to redraw its congressional map to include a second majority-black district under the Voting Rights Act.

Justice Brett Kavanaugh, one of former President Donald Trump’s appointees, also stood alongside Roberts in these pivotal cases. Despite criticism from some Republicans who view him as less conservative than desired, Kavanaugh’s presence in the majority decisions highlights the complexity of the court’s dynamics.

Unveiling Surprising Alliances

The spread of decisions in the fall 2022-23 term has made it more challenging for liberal critics to accuse the Supreme Court of operating under a partisan agenda. Last year, the court fulfilled several long-standing conservative objectives, fueling accusations of bias. However, legal experts caution that the court’s structure introduces unknown variables, such as case selection, which heavily relies on the conservative wing’s power.

Despite these complexities, one trend remains constant: the rate at which Roberts and Kavanaugh fall into the majority. Data compiled by Adam Feldman, founder of the Empirical SCOTUS blog, reveals that Roberts found himself in the majority 95% of the time this term, with Kavanaugh close behind at 96%. This suggests that their votes may influence the outcome of some of the more “political cases” considered by the justices.

While Roberts and Kavanaugh’s alignment in the majority decisions may raise questions about their influence, other alliances also play a role in swing votes. Justices Neil Gorsuch and Sonia Sotomayor, for example, have occasionally aligned on civil rights cases, surprising observers. The upcoming term will bring another consequential case that could be determined by Roberts and Kavanaugh, further highlighting their potential impact.

Public Perception and the Supreme Court’s Approval

Public approval of the Supreme Court experienced a dip during the previous term, particularly among Democratic voters. However, recent polls indicate that the court’s net approval rating has risen back to its December 2020 level of 42%. This suggests that the public’s insecurity in the institution may be subsiding.

In his majority decision striking down Biden’s student loan plan, Chief Justice Roberts emphasized the importance of not being misled and expressed concern about any misperception regarding the court’s ideological divisions. However, Justice Kagan’s dissent, joined by the other liberal justices, challenged the court’s role in governance.

While some court watchers may read into these exchanges, experts caution against overreacting and searching for salacious details. It remains to be seen if there are underlying tensions among the justices, but for now, the court’s dynamics continue to evolve.