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ARTICLE · 19 SEPTEMBER 2014

Wisconsin Supreme Court 2013-2014 Term Summary Part 2: A Divided Court?

This post is the second in a series analyzing the 2013-14 term of the Wisconsin Supreme Court.

United StatesLitigation, Mediation & Arbitration

This post is the second in a series of posts analyzing the 2013-14 term of the Wisconsin Supreme Court. For our previous post click here.

In our last post, we observed that the Wisconsin Supreme Court released unanimous opinions more quickly than non-unanimous opinions and that the court had released opinions very slowly this year. These two observations raise an important question: Is the Wisconsin Supreme Court an ideologically divided court? The answer to this question, based on the voting patterns of the seven justices in the court's issued opinions, is no.

Only about 26% of the court's opinions this term were 4-3 decisions (16/61). This number is up markedly from 2011-2012 (4) and from 2012-2013 (9). Yet, while three of four 4-3 decisions in 2011-12 had the same composition of those in the majority and those in dissent, 2012-13 had five different combinations, and 2013-14 had six:

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