5/12/2008

Only one 5-4 decision in the Supreme Court this term

The AP has the story here:

This could be the Supreme Court term, one court watcher joked recently, that Justice John Paul Stevens remembers he is a Republican.

A 1975 appointee of President Gerald Ford, Stevens is regarded as the anchor of the court's liberal wing. But he has joined with his more conservative colleagues in three high-profile cases that defied predictions they would showcase deep ideological divisions on the court.

Last term was marked by an unusually high number of 5-4 decisions, and many experts believed this term's notable cases would produce similar outcomes.

But the biggest cases decided so far _ upholding lethal injection procedures, photo identification requirements for voters and Texas' treatment of a Mexican on death row _ have had six or seven justices, including Stevens, in agreement on the outcome.

Just one case has been decided by a 5-4 vote. Two others split 4-4 with a justice not participating. Another was 5-3.

Taking stock of the court with half its decisions still to come is a bit like wrapping up a sporting event at halftime. So far, however, Stevens' voting pattern and the lack of 5-4 decisions stand out. . . .

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