The number of ideologically polarized, 6-3 rulings on the Supreme Court is unlikely to match the roughly dozen such splits handed down last term as the justices prepare to release their final batch of major rulings this week.
Last year, the liberal justices were on the dissenting side in 13 rulings, including in major decisions to overturn Roe v. Wade and a ruling that applied a"historical tradition" approach to determine the scope of Second Amendment protections. This year, the justices have only produced that ideological split in two cases, Samia v. U.S. and Jones v. Hendrix.
"Whether they truly agree with it or not — with the majority opinions — I think they're there to possibly make it less of a hard conservative outcome," Feldman said. One recent opinion that generated surprise among court watchers was a June 8 ruling that held Alabama violated the Voting Rights Act by not forming a second black-majority district during its previous reapportionment process. The 5-4 decision in Allen v. Milligan was formed by the liberal justices with the help of Kavanaugh and Chief Justice John Roberts.
The Supreme Court receives thousands of petitions a year, and each submission has a roughly 20% chance of being accepted for consideration. It takes a vote by at least four justices to tee up a case for future arguments. In the Friday Coinbase v. Bielski decision, Thomas found himself dissenting alongside liberal Justice Ketanji Brown Jackson in part against the majority's decision in favor of the cryptocurrency company.
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