Of the 37 authored opinions of the term, 14 were unanimous (no separate opinions). The Government prevailed in 7 of these 14. An additional 9 cases involved only separate concurring opinions, for a total of 23 cases with no dissents (62% of the total of 37 cases). Of these 23 cases with no dissents, the Government prevailed in 13 (57%).

The other 14 cases involved a total of 15 separate dissenting opinions. Broken down by judge:

  • Chief Judge Baker dissented 7 times and wrote 5 dissenting opinions.
  • Judge Erdmann dissented 5 times and wrote 2 dissenting opinions.
  • Judge Stucky dissented 5 times and wrote 4 dissenting opinions.
  • Judge Ryan dissented 4 times and wrote 2 dissenting opinion.
  • Judge Ohlson dissented 3 times and wrote 2 dissenting opinions.

These dissents favored the Government as follows:

  • Chief Judge Baker sided with the Government in 5 out of 7 dissents (71%).
  • Judge Stucky sided with the Government in 4 out of 5 dissents (80%).
  • Judge Ryan sided with the Government in 4 out of 4 dissents (100%).
  • Judge Ohlson sided with the Government in 2 out of 3 dissents (67%).
  • Judge Erdmann sided with the Government none of his 5 dissents (0%).*

* Corrected. I originally wrote this backwards; that Judge Erdmann sided with the Government in all of his dissents. 

Senior Judge Cox participated in one case (Newton), which was decided in a unanimous decision.

Of the 14 cases with dissents, only 4 cases involved lone dissenters. Of these 4 cases, Chief Judge Baker was the lone dissenter in 2 (Vargas and Bannitt), siding with the Government in both. Judge Erdmann was the lone dissenter in 1 (Sullivan), siding with the Defense. Judge Ohlson was the lone dissenter in 1 (Katso), siding with the Defense.

Another interesting statistic is the comparison of who wrote for the court compared with when there were dissents and who dissented. In order of least-dissenters to most:

Chief Judge Baker wrote for the court in 8 cases, of which only 1 (13%) had dissenters. That was Judges Stucky and Ryan (both writing separately) in Peters.

Judge Stucky wrote for the court in 7 cases, of which 1 (14%) had dissenters. Judge Ohlson dissented in McFadden, joined by Chief Judge Baker.

Judge Ryan wrote for the court in 7 cases, of which 2 (29%) had dissenters. Chief Judge Baker dissented in one case (Bennitt) and Judge Ohlson dissented in the other (Katso).

Judge Erdmann wrote for the court in 7 cases, of which 4 (57%) had dissenters. Judge Stucky joined by Judge Ohlson dissented in 1 case (Quick), and Chief Judge Baker dissented in the other 3 cases (Blouin, Adams, and Vargas) joined by Judge Ryan in 2 (Blouin and Adams).

Judge Ohlson wrote for the court in 8 cases, of which 6 (75%) had dissenters. Judge Erdmann dissented in 5 cases (Akbar, Buford, Schloff, Torres, and Sullivan), Judge Stucky dissented in 3 cases (Buford, Schloff, and Torres), Chief Judge Baker dissented in 2 cases (Akbar and Plant), and Judge Ryan dissented in 1 case (Plant).

Interestingly, just like last year, while Chief Judge Baker dissented more than any other judge (7 in total – authoring separate opinions in 5), he was least likely to draw dissents when he wrote for the court.

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