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PaperclipPerfector  2mo ago (text post)   31393 thread views

Culture War Roundup for the week of June 23, 2025

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I felt kind of annoyed by the claim that "most" Supreme Court cases go 6-3 along ideological lines, although I guess the more defensible version would be that the controversial cases all go 6-3 along ideological lines. Be that as it may, I created a website this morning to help understand data from the most recent term. Spent more time than I intended on this so I'm hoping someone else finds it interesting: https://wbruntra.github.io/scotus/?tab=dashboard

the controversial cases all go 6-3 along ideological lines.

I would think that as a matter of law, most SC cases are at least somewhat controversial.

Per WP:

Each year, the Supreme Court receives thousands of petitions for certiorari; in 2001 the number stood at approximately 7,500,[2] and had risen to 8,241 by October Term 2007.[3] The court will ultimately grant approximately 80 to 100 of these petitions,[a] in accordance with the rule of four.

They are obviously not going to pick a lot of the clear-cut cases where the circuit courts are all in agreement about what the law is and the SCOTUS would concur. They will likely prefer cases which allow them to steer things more than saying "every court is doing fine, keep doing what you are doing".

From your neat dashboard, it seems like only 16 out of 62 cases are affirmations (which I understand to mean "there was nothing substantial wrong with the lower courts judgement"). This would be a scandalously high rate of reversal, except in the context that for 99% of cases, the lower courts judgement stands because the SC does not grant the petition for cert.

Of course, while e.g. the major questions doctrine may be controversial legally, it is not one of the big battlegrounds of the culture war, which tends to be focused more on the object level. I can totally buy that the 6-3 split is common for CW cases.

It would be interesting to establish a metric how CW a case is. Perhaps the amount of discussion it generates on social media within 48h of publication might be a decent proxy. Or one could arbitrary define and case related to gun rights, abortion, minority/LGBT rights, immigration as CW and everything else as non-CW.

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