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Professor Lisa McElroy Quoted in New York Times on Supreme Court Justice Voting Habits

July 01, 2013

Out of the 36 possible combinations of justices, U.S. Supreme Court Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor voted together 93 percent of the time, The New York Times reported in an article published July 1 featuring comments by Professor Lisa McElroy

McElroy, a recognized Supreme Court observer, told the Times that, despite the frequency of which the three justices voted together, their solidarity did not involve "'women's' or 'social justice' issues." 

McElroy also pointed out that the justices disagreed on major issues this term.  Specifically, Justice Sotomayor felt the court was equipped to determine the constitutionality of same-sex marriage while Ginsberg and Kagan said the court could not decide the question in the context of California's Proposition 8, she added.