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Who are the justices that will usually swing votes in the US supreme court?
Wiki User
∙ 13y ago
Who the "swing vote" is varies from issue to issue because the cases before the Supreme Court are complex and don't always fall into "liberal" and "conservative" boxes. It's also a little hard to tell at the moment because the confirmation of Justice Elena Kagan recently changed the composition of the court and we have not gotten to read any of Justice Kagan's opinions yet.
However, with those provisos in mind:
Chief Justice Roberts and Justices Scalia, Thomas, and Alito are considered the most conservative members of the court.
Justice Kennedy is a moderate conservative.
Justices Ginsburg and Breyer are considered more liberal.
Justices Sotomayor and Kagan are newer, but are expected to be in the liberal wing of the court.
If Justices Sotomayor and Kagan both end up voting consistently with Justices Ginsburg and Breyer, then Justice Kennedy would be the swing vote on the Court.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoJustice Anthony Kennedy is the only real swing voter on the current Court.
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How did the Supreme Court begin to change to a more conservative posture?
The Supreme Court became more conservative because many vacancies occurred during Republican administrations, giving conservative Presidents an opportunity to replace liberal justices with more conservative justices. The Court seems to swing from one poll to the other over the course of time. Both the Roberts Court and the Rehnquist Court have been conservative; prior to that, the Burger Court was moderate and Warren Court was progressive. The ideology of the US Supreme Court is unlikely to change during President Obama's tenure in office because the two most likely justices to retire (Stevens and Ginsburg) are liberal.
How many liberal and conservative justices are on the US Supreme Court in 2010?
Five of the nine justices are typically considered conservative (Chief Justice Roberts and Justices Scalia, Thomas, Alito and Kennedy), while four are considered reliably liberal (Justices Stevens, Ginsburg, Breyer and Sotomayor). Justice Kennedy, although classified as a conservative, has voted with the liberal faction on some cases, making him the unpredictable swing vote that helps balance the Court.
What is the significance of a 5 to 4 vote in the US Supreme Court?
On today's Court (2009), a 5-4 vote most likely means the Justices voted by political ideology, with Justice Kennedy as the swing vote. Split votes are common right now because the Court is ideologically polarized.
What are the two main voting blocks on the supreme court?
The two main voting blocks on the Supreme Court are typically referred to as the liberal wing and the conservative wing. The liberal wing usually consists of justices who generally support more liberal interpretations of the law and tend to favor progressive outcomes in cases. The conservative wing generally consists of justices who interpret the law more conservatively and tend to favor conservative outcomes. However, it is important to note that the Court's composition and dynamics can vary over time and on specific issues.
Which justices on the US Supreme Court are considered conservatives?
Justices Thomas and Scalia are, perhaps, the most conservative; the only justice listed whose voting record approaches moderate is Justice Kennedy, the swing vote who has been known to side with the progressives on the Court. Recently, his record of jurisprudence has been more conservative.Justice Clarence ThomasJustice Antonin ScaliaJustice Samuel AlitoChief Justice John G. Roberts, Jr.Justice Anthony Kennedy
Why does the Supreme Court require a simple majority for a decision rather than five votes?
If all nine justices hear a case, five must agree on a decision because five votes represents a simple majority of the full court.A decision requires a simple majority of the Justices hearing the case; sometimes fewer than nine justices are available. In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes. The Court requires a quorum (the minimum number to conduct official business) of at least six justices to hear a case or conduct a vote.On the current Court, votes are often split by ideology. Many decisions are resolved as 5-4 votes because four of the Court members are conservative and four are progressive. Justice Anthony M. Kennedy, who could be regarded as being center-right, is often the swing voter determining which side is in the majority.Those jurists who disagree with the majority are permitted -- but not required -- to write dissenting opinions which also form part of the record, and may be cited in future litigation.In the event of tie votes by the Supreme Court, the lower court's ruling in the case being considered is upheld without comment. In other words, the Supreme Court issues no permanent decision on the laws involved in the case. Optionally, the Court may choose to hear reargument on the case, with the addition of the justice or justices who weren't present during the original oral arguments.For more information, see Related Questions, below.
Who is the US Supreme Court justice that is most likely to be the swing vote?
At the moment, Associate Justice Anthony M. Kennedy.
How many justices need to agree with each other to issue a majority decision?
AnswerIf all nine justices hear a case, a simple majority of five must agree on a decision.ExplanationA decision requires a simple majority of the Justices hearing the case (sometimes fewer than nine justices are available). In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes.The Court requires a quorum of at least six to hear a case or conduct a vote. On the current Court, votes are often split by ideology. Many decisions are resolved as 5-4 votes because four of the Court members are conservative and four are progressive. Justice Anthony M. Kennedy, who could be regarded as being center-right, is often the swing voter determining which side is in the majority.Those jurists who disagree with the majority are permitted - but not required - to write dissenting opinions which also form part of the record, and may be cited in future litigation.In the event of tie votes by the Supreme Court, the lower court's ruling in the case being considered is upheld without comment. In other words, the Supreme Court issues no permanent decision on the laws involved in the case. Optionally, the Court may choose to hear reargument on the case, with the addition of the justice or justices who weren't present during the original oral arguments.
Which Justices of the US Supreme Court oppose same-sex marriage?
Although the country will likely not find out for sure until June 2013, many experts agree that Justices Antonin Scalia, Samuel Alito, Clarence Thomas and John Roberts do not support the right of same-sex couples to marry. The big question is whether Justice Anthony Kennedy does, as he is considered the crucial swing vote on this issue.
What Article or Amendment specifies the number of US Supreme Court justices?
The US Constitution does not require any specific number of justices at all. The US Constitution creates the Supreme Court but leaves it to the Congress to determine how many will be on the Court. Since adoption of the Constitution, Congress has passed numerous laws changing the number of justices. The current number of nine has been fixed by statute ever since 1869. Prior to that the Supreme Court began with 6 at the Court's inception, then reduced the number to five, increased it to seven, then to nine, then to ten, then to seven again, and finally to its present day number of nine. Congress may change the number of justices at anytime it wishes to pass the appropriate statute. Presently Title 28 of the United States Code, Section 1, states that the Supreme Court shall consist of a Chief Justice and eight associate justices. The last time a change in court size was seriously proposed was by Roosevelt in 1937 wherein he proposed a bill to pack the court with 6 additional justices of his liking. See "The switch in time that saved nine." A key swing justice, Owen Roberts, thereafter ruled in Roosevelt's favor and the bill was quietly dropped. From this attempt to adjust the courts size came some of the most far reaching decisions that shaped our society. Decisions about Japanese internment, wage, price, commodity controls and the rise of extra-constitutionally authorized federal agencies marked this far reaching but little known (outside legal circles) event.
What function does Anthony Kennedy perform in the US Supreme Court?
Kennedy is considered the "swing vote" on the Court because his conservative ideology is tempered by strong support for individual rights, such as privacy. Otherwise, his function is the same as that of any other US Supreme Court justice.
Do US Supreme Court votes have to be unanimous?
No. Sometimes verdicts are unanimous, but more often they are split down political and ideological lines. The Supreme Court has become increasingly polarized in the 20th and 21st Centuries, making unanimous decisions the exception, rather than the rule. The Supreme Court requires only a simple majority vote to decide a case: If all nine justices are present, five of the nine must agree. The Court must have a quorum of six justices to hear a case.
