Supreme Court voting patterns 1994-2001

Social Education, Jan-Feb, 2002 by Aaron Epstein

This chart shows how the current Supreme Court justices voted on selected 5-4 and 6-3 decisions. Justices are arranged roughly from the most liberal to the most conservative, showing the Court's impact over a six-year period, the right-left split on the Court, and the pivotal roles of Justices Sandra Day O'Connor and Anthony Kennedy in closely divided cases.

Stevens  Souter  Breyer  Gins-  Ken-  O'Connor  Rehn-  Scalia  Thomas
                         burg   nedy            quist

1994-95
CIVIL RIGHTS: Made it tougher to uphold federal affirmative action
 programs, 5-4.
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

STATES' RIGHTS: Upset U.S. law barring guns near schools, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

RELIGION: Allowed university to fund religious publication, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

1995-96
CIVIL RIGHTS: Overturned state anti-gay amendment, 6-3
  Yes     Yes     Yes     Yes   Yes     Yes      No      No      No

VOTING: Struck down race-based congressional districts, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

JUDICIAL ACCESS: Restricted access of inmates to courts, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

1996-97
RELIGION: Allowed public school teachers to instruct in parochial
 schools, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

FEDERAL POWER: Struck down Congress's expansion of religious
 liberty, 6-3
  Yes      No      No     Yes   Yes      No      Yes    Yes     Yes

STATES' RIGHTS: Overturned a U.S. law requiring local police checks
 on handgun purchases, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

1997-98
SCHOOLS: Freed schools of most liability for sexual harassment, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

CIVIL RIGHTS: Refused to make it tougher to sue officials for
 violations, 5-4
  Yes     Yes     Yes     Yes   Yes      No      No      No      No

CIVIL RIGHTS: Protected HIV victims from discrimination under federal
 law, 5-4
  Yes     Yes     Yes     Yes   Yes      No      No      No      No

1998-99
SCHOOLS: Allowed schools to be sued for deliberate indifference to
 student sexual harassment, 6-3
  Yes     Yes     Yes     Yes    No     Yes      No      No      No

CIVIL RIGHTS: Barred police arrests of gang suspects for
 loitering, 6-3
  Yes     Yes     Yes     Yes   Yes     Yes      No      No      No

STATES' RIGHTS: Forbade suits against states for violating federal
 labor law, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

1999-2000
TOBACCO: Barred U.S. agency from controlling tobacco products, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

CIVIL RIGHTS: Allowed Boy Scouts to refuse to accept homosexual
 members, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

RELIGION: Prohibited student-led prayers at football games, 6-3
  Yes     Yes     Yes     Yes   Yes     Yes      No      No      No

2000-01
FREE PRESS: Barred prosecution for publishing contents of illegally
 intercepted phone call, 6-3

  Yes     Yes     Yes     Yes   Yes     Yes      No      No      No

STATES' RIGHTS: Forbade suits against states for violating federal
 disability rights, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

ELECTIONS: Stopped vote recount in Florida, making Bush president, 5-4
  No       No      No     No    Yes     Yes      Yes    Yes     Yes

Aaron Epstein was longtime national correspondent for Knight-Ridder Newspaper, primarily covering the U.S. Supreme Court and legal issues. He is co-author of A Year in the Life of the Supreme Court (Duke University Press, 1995). A member of the District of Columbia and Supreme Court bars, he now teaches at the University of Maryland's College of Journalism, coaches new reporters at Post-Newsweek publications, and offers free legal services to low-income clients.