In Supreme Court's recent decisions, Roberts and Kavanaugh have been most pivotal

July 10, 2023

Chief Justice John Roberts and Justice Brett Kavanaugh have become the most pivotal votes on the Supreme Court, judging by the most recent term of decisions, according to the Washington Examiner.

Roberts has often voted with the "liberal" wing of the court, and before the appointment of Amy Coney Barrett, could swing a decision from a conservative 5-4 to a liberal 5-4.

This season, he was the pivotal vote in the North Carolina voting map decision that rejected the currently redrawn map.

Kavanaugh is the other conservative justice who sometimes votes with the liberal wing, although less frequently than Roberts.

"If we assume ... Roberts is going to swing in some cases, right, he's kind of the loosest conservative of a bunch of conservatives in the court, then Kavanaugh's vote matters a lot. Because he's the one that can push that over in some swing cases," Empirical SCOTUSblog founder Adam Feldman told the Examiner.

Without at least one conservative justice, the liberal wing can't even choose cases to take on, because those decisions take at least four justices.

 

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