This week, we’re reviewing Justice Kruger’s oral argument question totals to see what we can infer from the data on her likely vote.
Contrary to the usual pattern, Justice Kruger generally more heavily questions appellants than respondents in civil cases. When she votes with the majority in an affirmance, she averages 5.52 questions to appellants and 4.54 to respondents. When she votes with the majority in a reversal, she averages 5.11 to appellants and 4.97 to respondents. When she votes with the majority in a split decision – affirmed in part, reversed in part – she averages 6.43 questions to appellants, 5.57 to respondents.
When Justice Kruger dissents from the majority in a civil case, she more heavily questions the side she is voting against. When the majority affirms but Justice Kruger votes to reverse, she averages 16 questions to respondents, 8 to appellants. When the majority reverses but Justice Kruger votes to affirm, she averages 7.5 questions to appellants and 5.5 to respondents.
Join us back here next time as we review the data for Justice Kruger in criminal cases.