Last week, we analyzed the pattern of Justice Thomas'
questions in oral arguments in civil cases. This week, we
address Justice Thomas' patterns in criminal cases.
When Justice Thomas is in the majority, he questions the losing
side more heavily than the party which will lose the case.
Justice Thomas has written the majority opinion in thirty of 154
affirmances. He averages 5.87 questions to appellants and
1.69 questions to appellees in affirmances. Justice Thomas
has written the majority opinion in 87 of 508 criminal
reversals. He averages 3.06 questions to appellants and 4.53
questions to appellees.
Writing the majority opinion impacts Justice Thomas'
patterns in criminal affirmances. When writing the majority
opinion, Justice Thomas averages 7.97 questions to appellants and
2.17 questions to appellees. When not writing an opinion,
Justice Thomas averages 5.4 questions to appellants and 1.56
questions to appellees.
