An in-depth examination of the Supreme Court’s 2023 term, running from October 2023 to July 2024, reveals a more detailed narrative than critics suggest, based on analyses by seasoned court observers Adam Feldman and Jake Truscott from SCOTUS Blog.
Here’s a summary of how the justices — comprised of six conservatives and three liberals — have cast their votes during this period.
Decision Overview
During the 2023 term, the Supreme Court reviewed 62 cases, dismissing two. Out of 60 cases decided, the court delivered 27 unanimous verdicts alongside 22 decisions that resulted in a 6-3 division. While the consistent 6-3 division is frequently interpreted as a sign of the court’s conservative bias, SCOTUS Blog’s analysis suggests the situation is more intricate.
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Of the 6-3 decisions, 11 out of 22 reflected the typical conservative-liberal divide. However, this term marked a significant rise in 6-3 decisions showcasing diverse ideological groupings. Unlike in past terms, where 6-3 outcomes adhered to predictable conservative-liberal patterns, this period exhibited a more complex arrangement.
Carrie Severino, an attorney and author of “Justice on Trial: The Kavanaugh Confirmation and the Future of the Supreme Court,” shared with Fox News Digital that “approximately 40% of the decisions this SCOTUS term were unanimous.”
Former President Trump faces a ruling over his immunity claim at the Supreme Court in Washington, D.C. (Getty Images)
“This isn’t the kind of trend you’d anticipate if the court was dominated by hard-right ideologies,” she emphasized. “Primarily, it involves adhering to legal and constitutional requirements, leading to decisions that may appear conservative depending on the litigants involved, but that’s not the core focus of the court.”
“Despite this, there’s been a relentless barrage of negative campaigns against the court, which is detrimental to the institution and, frankly, quite cynical and short-sighted,” she continued. “Yet, the reality is that this court operates on solid principles.”
Since the formation of the conservative supermajority in 2020, this term has exhibited the highest number of ideological divisions compared to recent years, excluding the landmark cases of 2021. This underscores that, while the conservative bloc maintains notable power, the ideological dynamics of 6-3 decisions have become increasingly unpredictable.
Justice Voting Patterns
Chief Justice John Roberts led the majority vote this term at 96%, outpacing Justice Brett Kavanaugh at around 95%. Justice Amy Coney Barrett followed closely at 92%. On the liberal side, Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson were less predominant in majority votes this term, with Kagan and Sotomayor sharing the lowest rate at 71%.
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Pro-life women celebrate after the Supreme Court’s decision to overturn Roe v. Wade outside the Supreme Court in Washington June 24, 2022. (AP Photo/Gemunu Amarasinghe)
Significant 6-3 Decisions
A number of notable 6-3 decisions highlight the ideological diversity within the Supreme Court:
- Trump v. United States: Addressed Trump’s prosecution for efforts to overturn the 2020 election results.
- Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Dept. of Commerce: Focused on the authority of federal agencies.
- City of Grants Pass, Ore. v. Gloria Johnson: Related to the management of homeless encampments in public areas.
- Securities and Exchange Commission v. Jarkesy: Concerned SEC tribunal operations.
- Garland v. Cargill: Pertained to a ban on bump stocks.
- Alexander v. South Carolina State Conference of the NAACP: Examined voting district maps.
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A protester outside the Supreme Court in Washington June 29, 2023. (AP Photo/Jose Luis Magana)
In the meantime, criticism of the Supreme Court continues. This week, President Biden and Vice President Kamala Harris urged Congress to implement term limits and ethical guidelines for the Supreme Court while also drafting proposals to limit presidential immunity.
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Biden is advocating for an 18-year term limit for justices. Once fully implemented, this would allow presidents to appoint new justices every two years. Biden also argued that the new Supreme Court ethical standards should mandate justices to “disclose gifts, avoid public political engagements, and recuse themselves from cases where there may be financial or other conflicts of interest involving them or their spouses.”
Fox News Digital’s Anders Hagstrom contributed to this report.
