The Voting Patterns of Justice Breyer on #SCOTUS

March 16th, 2016

Justice Breyer is often described as a left-of-center moderate. One way to measure this is to see how often he votes with the other left-of-center Justices, rather than the right-of-center Justices. SCOTUSBlog’s statpacks helpfully measure the Justices’ agreement in 5-4 cases (this considers agreement in full, part, or judgment only–the broadest measure SCOTUSblog records).

Roberts Scalia Kennedy Thomas Ginsburg Alito Sotomayor Kagan
OT 14 26% 5% 47% 11% 89% 21% 95% 79%
OT 13 20% 0% 50% 20% 70% 30% 80% 80%
OT 12 26% 4% 43% 22% 78% 23% 73% 78%
OT 11 27% 7% 47% 20% 87% 20% 73% 79%
Average 25% 4% 47% 18% 81% 24% 80% 79%

In 5-4 cases, Justice Breyer agrees with Justice Ginsburg, Sotomayor, and Kagan around 80% of the time. He agrees with Justice Kennedy half the time. He agrees with CJ Roberts 25%, with Justice Scalia 4%, with Justice Thomas 18%, and with Justice Alito 24%.