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jodymarie aimee

(3,975 posts)
Mon Oct 8, 2018, 12:48 PM Oct 2018

Merrick Garland and Kavanaugh voted identical on 93% of decisions. Did we know this?

Some guy named Scott Jennings just said on HLN (they call themselves CNN's sister station) that Merrick Garland and Kavanaugh voted identical on 93% of decisions. Did we know this? Is it true?

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Merrick Garland and Kavanaugh voted identical on 93% of decisions. Did we know this? (Original Post) jodymarie aimee Oct 2018 OP
Voted? KPN Oct 2018 #1
I think it's... Mike Nelson Oct 2018 #2
Probably. Most cases have no political importance marylandblue Oct 2018 #3
Yes. We knew this. Imperialism Inc. Oct 2018 #4
I missed that it was that high & would like sources BUT IMO this wasn't just about... WePurrsevere Oct 2018 #5
Was that before or after KavaNasty basically said he's seeking revenge on democrats? uponit7771 Oct 2018 #6
the vast majority of cases below the Supreme Court qazplm135 Oct 2018 #7
A ridiculous false equivalency; chimpanzees are 96% identical to humans, but that 4% procon Oct 2018 #8
Circuit Courts rely on SCOTUS precedent Haynx Oct 2018 #9
actually that isn't even technically true dsc Oct 2018 #10
We knew he was a republican. blueinredohio Oct 2018 #11
A pretty strong majority of decisions are pretty cut and dry. nt WeekiWater Oct 2018 #12
Garland was a weak choice... lame54 Oct 2018 #13
What the OP suggests is effectively completely WRONG. Hortensis Oct 2018 #14
Merrick Garland is a centrist. Obama named him for among other reasons, thought he would be an easy Fla Dem Oct 2018 #15
That 7% is the most important issues of our time. scheming daemons Oct 2018 #16
+1, the rest of the decisions are pretty cut and dry uponit7771 Oct 2018 #19
Circuit judges are bound by precedent, this is not surprising. tritsofme Oct 2018 #17
Did you know there have been more 9-0 decisions on the SCOTUS since 2000 than 5-4? RhodeIslandOne Oct 2018 #18

marylandblue

(12,344 posts)
3. Probably. Most cases have no political importance
Mon Oct 8, 2018, 12:52 PM
Oct 2018

The whole fight is about a handful of cases that have national significance.

WePurrsevere

(24,259 posts)
5. I missed that it was that high & would like sources BUT IMO this wasn't just about...
Mon Oct 8, 2018, 12:55 PM
Oct 2018

His voting record. It was more about his being very unsuitable for the position of dog catcher no less a SCOTUS justice, because of his history of criminal sexual misconduct, apparent drinking issue, crappy temperament and committing perjury by LYING under oath.

qazplm135

(7,447 posts)
7. the vast majority of cases below the Supreme Court
Mon Oct 8, 2018, 01:03 PM
Oct 2018

are politically inconsequential. So not really surprising. Most judges probably vote together 90% of the time at that level.

procon

(15,805 posts)
8. A ridiculous false equivalency; chimpanzees are 96% identical to humans, but that 4%
Mon Oct 8, 2018, 01:06 PM
Oct 2018

difference changes everything. The small percentage of rulings where they differ are clearly momentous, life changing decrees, and that's the only issue that matters.


dsc

(52,152 posts)
10. actually that isn't even technically true
Mon Oct 8, 2018, 01:25 PM
Oct 2018

they only looked at decisions authored by them. Ie Kavanaugh joined ones by Garland and Garland joined ones by Kavanaugh. That said, there is also the fact many decisions are determined at the Appellate level by precedent.

Hortensis

(58,785 posts)
14. What the OP suggests is effectively completely WRONG.
Mon Oct 8, 2018, 01:48 PM
Oct 2018

Merrick Garland's record is overall somewhat to the left of center, notably tending to protect individuals against the corporation. And thank goodness he's on the appellate court.

Kavanaugh's is very far right, along with Clarence Thomas and Gorsuch.

Kavanaugh has a consistent pattern of favoring business and government over the rights of the individual. Trump wants to be a dictator, and both Gorsuch and Kavanaugh will push the nation to at least a more authoritarian form.

?

This explained how Garland was more liberal than most realized. But not the Obama administration, of course.

https://www.washingtonpost.com/news/monkey-cage/wp/2016/03/30/new-data-show-how-liberal-merrick-garland-really-is/?utm_term=.ad93abb92ad1


This is Kavanaugh compared to other appellate court judges:

?w=575

Fla Dem

(23,591 posts)
15. Merrick Garland is a centrist. Obama named him for among other reasons, thought he would be an easy
Mon Oct 8, 2018, 01:49 PM
Oct 2018

nominee for the Right to accept. He was wrong. That he and Kavanaugh agreed on many decisions is not in itself remarkable. It's the other 7% that is of concern.

tritsofme

(17,371 posts)
17. Circuit judges are bound by precedent, this is not surprising.
Mon Oct 8, 2018, 02:41 PM
Oct 2018

Even on the Supreme Court, though I haven’t seen the figure, but I would venture to guess that Alito and Ginsberg vote with each other well more than 50% of the time.

 

RhodeIslandOne

(5,042 posts)
18. Did you know there have been more 9-0 decisions on the SCOTUS since 2000 than 5-4?
Mon Oct 8, 2018, 02:42 PM
Oct 2018

36% to 14%

8-1 and 7-2 also lead 5-4.

Most law is settled.

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