Today, we begin the second phase of our review of the Justices’ individual voting records. The percentage of the time a particular Justice votes in the majority and the minority is one measure of to what degree she or he is in philosophical sync with the rest of the Court. When applied to a Chief
Chief Justice Tani Cantil-Sakauye
Examining Chief Justice Cantil-Sakauye’s Voting Record in Civil Cases, 2011-2020
Today, we’re examining the Chief Justice’s voting record in civil cases.
Chief Justice Cantil-Sakauye took her seat on January 3, 2011. Since that time, she has voted in 312 civil cases. Consistent with the slight uptick in the Court’s production in civil cases in the second half of the Chief Justice’s tenure, she cast 139…

What Are Chief Justice Cantil-Sakauye’s Question Patterns in Criminal Cases When She Disagrees With the Majority?
When the Chief Justice joins an affirmance in criminal cases, she averages 3.49 questions to appellants and 1.53 questions to respondents. When she joins the majority in a reversal, she averages 3.22 questions to respondents, 2.68 to appellants. When she joins the majority in a split decision, she averages 4.23 questions to appellants, 1.55 to respondents.
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What Are Chief Justice Cantil-Sakauye’s Question Patterns in Civil Cases When She Disagrees With the Majority?
A few weeks ago, we established that court-wide, the party which is likely to lose tends to get the most questions in oral argument. Now, we’re investigating individual Justices’ records – when the Justice agrees with the majority, does he or she follow the usual pattern, and when he or she doesn’t agree, does the Justice more heavily question that party that will lose, or the party he or she thinks should lose? This week, we’re looking at Chief Justice Cantil-Sakauye’s data.
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How Has Chief Justice Cantil-Sakauye Voted in Employment Law Cases?
Since joining the Court, Chief Justice Cantil-Sakauye has participated in 28 employment law cases. She has voted for defendants’ position in a dozen cases and voted against defendants 16 times. Between 2011 and 2015, she voted for defendants in seven of fourteen cases. Between 2016 and 2019, she voted for defendants in five of fourteen…
How Has Chief Justice Cantil-Sakauye Voted in Criminal Sentencing Cases?
Chief Justice Cantil-Sakauye has participated in 56 criminal sentencing cases since joining the Court. She has voted for defendants in 26 cases and against them 30 times. From 2011 to 2014, she voted for defendants in 11 of 21 cases. From 2015 to 2019, she voted for defendants 15 times and against them in 20…
How Has Chief Justice Cantil-Sakauye Voted in Criminal Procedure Cases?
Since joining the Court, Chief Justice Cantil-Sakauye has participated in 59 criminal procedure cases. She has voted for defendants in 18 cases and against defendants 41 times. From 2011 to 2014, she supported defendants’ position in seven cases and voted against them 23 times. From 2015 to 2019, she voted for defendants 11 times and…
How Has Chief Justice Cantil-Sakauye Voted in Criminal Constitutional Law Cases?
Since joining the Court, Chief Justice Cantil-Sakauye has participated in 37 criminal constitutional law cases. She has voted for defendants in 11 of those cases, and for prosecution in 26 cases.
Fifteen of those cases were won by the defendants below. The Chief Justice voted to affirm three of those decisions and voted to reverse…
Reviewing Chief Justice Cantil-Sakauye’s Voting Record in Civil Procedure Cases
Since taking her seat in 2011, Chief Justice Cantil-Sakauye has participated in 59 civil procedure cases. She has voted for plaintiffs 37 times and for defendants in 22 cases. From 2011 to 2015, she supported plaintiffs in 14 of 22 cases. Since that time, she has voted for plaintiffs in 23 of 37 cases.
The…
How Has Chief Justice Cantil-Sakauye Voted in Constitutional Law Cases?
Chief Justice Cantil-Sakauye has participated in 23 civil constitutional law cases since taking her seat in 2011, voting for defendants in only five cases while voting against defendants 18 times. Between 2011 and 2016, the Chief Justice voted for defendants once while voting against defendants 10 times. Between 2017 and 2019, the Chief Justice voted…