The breakdown of the dissenters in the 16 cases with dissenting opinions this term was discussed yesterday in Part II (dissents). But over the past years we’ve looked at voting blocs from the perspective of the prevailing party (see here and here).

This term, the most likely judges to vote together for the prevailing party in a non-unanimous decision were Judge Ryan and Judge Erdmann, who joined in the majority in 10 of the 16 cases where there were dissents (I’m still calling Judge Erdmann’s separate opinion in Irizarry, joined by Chief Judge Baker, “dissenting in part and concurring in the result,” as a concurring opinion). The least likely judges to join together and side with the prevailing party in a non-unanimous decision were Chief Judge Baker and Judge Stucky, who joined in the majority in just 2 of the 16 cases where there were dissents. The rankings (excluding the senior judges) for each pairing are:

1. Judge Ryan and Judge Erdmann with 10 of 16 (they were 3rd place both of the past two years).

2 – 3. A two-way tie:

-Judge Erdmann and Chief Judge Baker with 8 of 16 (they tied for 5th place last year; 7th place the year before).
-Judge Erdmann and Judge Stucky with 8 of 16 (they tied for 5th place last year; tied for 4th place the year before).

4. Judge Ryan and Judge Stucky with 7 of 16 (they were 1st place last year; second place the year before).

5. Chief Judge Baker and Judge Ryan with 5 of 16 (they were 4th place last year; 6th place the year before).

6. Chief Judge Baker and Judge Stucky with 2 of 16 (they were 2nd place last year; tied for 4th place the year before).

Senior Judge Cox sat on the court in 15 case, of which 8 had dissents. He was in the minority in 3 of these cases, but of the other 5 he was in the majority with:

1. Judge Erdmann in all 5 (least likely last year, with only 1 of 5).

2 – 3. A two-way tie with Chief Judge Baker (third place last year) and Judge Ryan (tied for first with Judge Stucky last year), joining each of them in the majority in 4 of the 5 cases.

4. Judge Stucky in just 2 of 5 (tied with judge Ryan for the most cases last year).

Senior Judge Effron sat on the court in 22 cases, of which 8 had dissents. He was in the minority in just 1 of these cases. Of the other 7 he was in the majority with:

1. Judge Erdmann in all 7 (tied for 1st place last year with 3 of 4).

2. Judge Ryan in 5 of the 7 (tied for 1st place last year with 3 of 4).

3. Chief Judge Baker in 4 of the 7 (4th place last year with 2 of 4).

4. Judge Stucky in 3 of the 7 (third place last year with 1 of 4).

Judge Erdmann and Senior Judge Effron had almost-perfect records for the term. They sided with the prevailing party in every case except Halpin, where Judge Erdmann wrote a dissent that was joined by Senior Judge Effron. Percentage-wise, Judge Erdmann picked the winner in 39 of 40 cases (97.5%) and Senior Judge Effron picked the winner in 21 of 22 cases (95.5%).

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