Today, we’re reviewing the metric we’ve argued in past posts is a reasonable proxy for determining the degree to which a particular Justice is in sync ideologically with the rest of his Court (and/or the degree of influence that Justice has on the Court). For purposes of this number, we’re including only total agreement – voting to affirm in part and reverse in part where the majority affirms outright is counted as being in the minority, not partial agreement.
Overall for his tenure, Justice Cuéllar has voted with the majority in 210 of 220 civil cases – 95.45%. His highest year was 2016, when he voted with the majority in all 36 civil cases he participated in. Next were 2015 (96.3%), 2018 (96.97%) and 2020 (96.55%). Justice Cuéllar’s lowest civil agreement rate was this year – 89.47%.
Justice Cuéllar has voted with the majority in 276 of 293 criminal cases – 94.2%. His highest level of agreement was in 2015 – 36 of 36 for 100%. Next were 2016 (98.08%), 2020 (97.62%) and 2021 (93.33%). His lowest level of agreement was in 2017, when he voted with the majority in 85.71% of cases.