Skip to main content
Tags: supreme court | justices swing | fivethirtyeight

FiveThirtyEight: Supreme Court May Have Three Swing Justices Now

the supreme court justices are shown in their black robes
From left: Associate Justices Stephen Breyer, Clarence Thomas, Chief Justice John G. Roberts, Associate Justices Ruth Bader Ginsburg and Samuel Alito, Jr. Standing from left are Associate Justices Neil Gorsuch, Sonia Sotomayor, Elena Kagan and Brett M. Kavanaugh. (Kevin Dietsch/AP)

By    |   Tuesday, 02 July 2019 10:29 AM EDT

Three conservative Supreme Court Justices have sided with their liberal colleagues on several recent high-profile cases, suggesting that “the days of a single ‘swing’ justice may be over,” according to FiveThirtyEight.

When former Justice Anthony Kennedy, viewed as a moderate conservative who cast the deciding vote on decisions concerning abortion and gay marriage, retired “one big question was whether another justice would continue his legacy as the court’s ‘swing’ vote,” writes FiveThirtyEight’s Amelia Thomson-DeVeaux.

Based on data compiled by University of Michigan scholars from the Supreme Court Database shows that President Donald Trump’s appointees have turned out to be closer to Chief Justice John Roberts, one of the most moderate justices, than the more-conservative Justices Samuel Alito and Clarence Thomas.

Justice Neil Gorsuch most often agreed with the most conservative justice, Clarence Thomas, and agreed with Justice Brett Kavanaugh as often as he sided with the liberal Elena Kagan. Kavanaugh was actually slightly closer to the center than Roberts, though both were on the conservative side.

“Roberts and Kavanaugh are more ideologically moderate than Gorsuch, but Gorsuch was more of a loose cannon,” Thomson-DeVeaux notes. “He joined the liberals in more closely divided cases than any of his conservative colleagues. That made him the ‘swingiest’ conservative on the court, even though it was Roberts who ultimately determined the outcome of one of the most closely watched cases of the term,” which concerned a citizenship question on the 2020 census.

© 2025 Newsmax. All rights reserved.


Newsfront
Three conservative Supreme Court Justices have sided with their liberal colleagues on several recent high-profile cases, suggesting that “the days of a single ‘swing’ justice may be over,” according to FiveThirtyEight.
supreme court, justices swing, fivethirtyeight
240
2019-29-02
Tuesday, 02 July 2019 10:29 AM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the Newsmax App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved