The Corner

Scalia & Thomas

Justices Thomas and Scalia vote together more than any other two justices on the Supreme Court, right? Not exactly. The folks at SCOTUSBlog have tabluated the statistics for the most recent Supreme Court term, usefully summarized here by Eugene Volokh, and the two justices most likely to agree in any given case were . . . (drum roll please) . . . Souter and Ginsburg. The second most common pairing was O’Connor and the Chief Justice. The pairing of Scalia and Thomas ranked seventh.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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