Last time, we reviewed the data for the Court’s civil constitutional law cases between 1990 and 1997. This time, we’re looking at the numbers for the years 1998 to 2005.
Constitutional law cases were slightly up for the years 1998 to 2005, with the Court deciding fifty-three civil constitutional law cases. Specifically, the Court decided two cases in 1998, nine in 1999, six in 2000, eight in 2001, ten in 2002, five each in 2003 and 2004 and eight cases in 2005.
Between 1998 and 2005, the Court decided twenty-three civil constitutional law cases won by the plaintiffs below and twenty-three cases won by the defendants.
Defendants who won at the Court of Appeal level had a difficult time between 1998 and 2005, winning only seven and losing twelve. Winning defendants were only one win and four losses between 2003 and 2005.
Plaintiffs who won below had an even more difficult time, winning ten but losing seventeen. The winning plaintiffs won zero and lost four in 2005.
Consolidating the last two tables, defendants overall (disregarding who won at the Court of Appeal) were twenty-four wins and twenty-two losses for this period.
The Court decided fourteen cases each relating to the powers and structure of governmental entities and public officials and to First Amendment issues. The Court decided thirteen due process cases, eight cases involving preemption and four involving equal protection.
Justice Janice Rogers Brown led in total votes cast for defendants in civil constitutional law cases with thirty-one. Justice Kennard had twenty-nine votes, Justice Chin twenty-seven, Justices Baxter and Werdegar twenty-four apiece, and Chief Justice George voted for defendants twenty-two times.
As for votes against defendants in civil constitutional law cases, Chief Justice George led with thirty, Justice Werdegar cast twenty-seven votes, Justice Chin had twenty-four, Justice Baxter had twenty-three votes and Justice Kennard had twenty-two.
Join us later this week as we finish up the data on constitutional law cases.