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%.