Analysis: Mitch McConnell’s (R-Ky.) gambit to refuse consideration of President Obama’s nomination of Merrick Garland — and his complete reversal of that reasoning to rush Trump’s nomination — is responsible for the court’s 6-3 conservative majority.
. “… These escalating attacks from the left betray a fundamental misunderstanding of the court’s structure and purpose. It is an ideologically unpredictable body that takes cases as they come and produces diverse outcomes.”To bolster that point, McConnell presented data showing how often the justices agreed on decisions — and how often ideologically diverging justices wound up on the same side of an argument.
But there is an important subset of cases. In those major cases, the picture is different; there, the justices appointed by Democrats — I’ll just call them the liberal justices — were less likely to be part of the majority.. But you can see below the difference in agreement that existed between cases overall and in major cases .
That said, the liberal justices were consistently less likely than their colleagues to be in the majority in those more narrowly decided cases.
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