The number of 6-3 ideologically split decisions at the Supreme Court rose this term with rulings on transgender athletes, the Voting Rights Act, campaign finance and several immigration decisions all being won by the conservative majority, according to a prominent court scholar.
More than 20% of cases were decided with the six GOP appointees all in the majority and the three Democratic picks in the minority. That’s roughly double the average from recent years.
Still, Adam Feldman, creator of Legalytics.com, said 42% of the court’s cases are 9-0 decisions, suggesting that a consistent unanimity still underpins the justices.
“If we look at the whole term as each case individually matters, then it’s almost getting to 50% of the cases where the justices agree 9-0,” he said.
The justices last month released the final opinions of cases argued during 2025-2026 term, delivering blockbusters on birthright citizenship, tariffs, the Voting Rights Act and the evolving area of transgender policy.
The citizenship and tariff rulings were both significant defeats for President Trump.
SPECIAL
COVERAGE: Court Watch with Alex Swoyer
Five justices, including two GOP picks — Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett — sided with the Democrats in finding the president’s attempt to limit birthright citizenship was unconstitutional.
A sixth, Justice Brett M. Kavanaugh, said Mr. Trump’s order violated the law. But he said but for that, it would have been constitutional.
The tariff ruling was a 6-3 defeat for Mr. Trump, in which the three Democratic appointees were joined by the chief justice, Justice Barrett and Justice Neil M. Gorsuch.
Mr. Feldman said the chief justice lies at the center of those decisions — and the court. Justices Barrett and Kavanaugh are close behind in terms of finding themselves in the majority.
“That trio really makes up the center of the court but I think in terms of the center of power, the gravity really goes towards Roberts more than the other two justices that are in the middle there,” he said.
Mr. Feldman said it’s tricker to pinpoint a most liberal or most conservative justice because it can be difficult to unwind political leanings and legal reasoning.
But he said there are some likely candidates.
Justice Ketanji Brown Jackson “is just about the furthest left,” followed by Justice Sonia Sotomayor than Justice Elena Kagan.
On the right, he said, Justices Clarence Thomas and Samuel A. Alito Jr. “are almost at the same point.”
One area where there’s no dispute is the most talkative.
That’s Justice Brown Jackson, who has dominated the time during oral argument since she joined the court in 2022.
Justice Thomas, meanwhile, speaks the least but writes the most.
