A few weeks ago, we established that court-wide, the party which
is likely to lose tends to get the most questions in oral argument.
Now, we're investigating individual Justices' records -
when the Justice agrees with the majority, does he or she follow
the usual pattern, and when he or she doesn't agree, does the
Justice more heavily question that party that will lose, or the
party he or she thinks should lose? This time, we're looking at
Justice Kilbride's history - first up, civil cases.
In civil affirmances where Justice Kilbride is with the
majority, Justice Kilbride more heavily questions the losing
appellant than the winning appellee - 1.11 to 0.76. When Justice
Kilbride joins the majority in a civil reversal, his numbers are
close to even - 1.22 questions to appellees, 1.12 to appellants.
When Justice Kilbride joins the majority in a split decision -
"affirmed in part, reversed in part" - he averages 1.18
questions to appellees and 0.98 to appellants.