Posted by Adam Feldman on Friday, September 25, 2020 4:42 pm
One week after the death of Justice Ruth Bader Ginsburg, the legal profession has also paid tribute to her estate Heartfelt eulogy And prepare for the upcoming vacancy competition.If President Trump can appoint Ginsberg’s successor, we can see the court’s Maximum shift right In modern history. This article provides statistics about some of Ginsburg’s work on the court and the expectations of her death now.
Even according to the standards of other judges, Ginsburg has been busy in court. Since being confirmed in 1993, she has issued 213 majority opinions, the most of all judicial justice at the time.
Although known for his strong dissent, during this period, Ginsburg’s dissent was far less than Clarence Thomas, Antonin Scalia, John Paul History Judges John Paul Stevens and Stephen Breyer. She also wrote fewer consents than these judges.
Based on the average time between the oral argument and the signing of the decision, Ginsburg is also the fastest authoring judge. The chart below shows the average author time for judicial justice from 1993-94 to 2018-19. Due to the coronavirus pandemic and due to the distant debate held in May 2020, the 2019-20 term is excluded.
Ginsburg took the shortest time from debate to judgment in the previous case, which shows her fast writing time: she only needs 36 days to express her opinion in a court of consensus in the United States . Shular v. United States.
among them Main opinion The works published by Ginsburg during her career are the opinions of the majority. United States v. Virginia, Daimler AG v. Bowman with Ring v.Arizona. [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 figure below shows the most cited case of Ginsburg on Westlaw. United States v. VirginiaThe court terminated the Virginia Military Academy’s policy of excluding female students. The case did not rank among the best, but given the infamy of the case, it was listed as a reference point.
Her most cited opinion Porter v Nusler, Is a statutory explanatory decision on remedial measures made in accordance with the 1995 Prison Procedure Reform Law.
Although Ginsburg has never been like Chief Justice John Roberts (John Roberts) The frequency in the last semester was 97%As a consistent member of the liberal minority in the court, Ginsburg’s percentage usually hovered around 80%, ranging from 70% in 2011 to 88% in 2015. And express disagreement below.
Now that the Ginsburg court is no longer in court, many people question whether Republicans can successfully confirm Trump’s replacement candidate before the November election. Although not many judges have died recently, leading to a lack of relevant data, history shows that this is possible. The figure below shows the time from nomination to confirmation of the ten newest judges of the court who will serve after their successors.
Please note that Scalia and Chief Justice William Rehnquist are the only two justices in office since 2000, and they were also the ones before Rehnquist died in 1960. Last appointment. Nomination month.
Nevertheless, close to the election will still produce a different situation from the above situation. Since the Senate has a Republican majority, trump card with Senate Majority Leader Mitch McConnell In striving to nominate and vote as soon as possible, we will definitely see a showdown on the eve of the general election.We may still nominate a judge I guess Amy Connie Barrett More than a year ago, when I wrote about what would happen if Ginsberg’s seat was vacant under Trump’s leadership? We will find out as soon as possible.
This post was originally posted on Experience point.
Empirical research: Justice Ginsburg left 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/