Supreme Court Justices Achieve Remarkable Unity Despite Ideological Differences
Source: "Opinion | The Supreme Court Is Less Divided Than You Think - The New York Times." May 6, 2026. www.nytimes.com
The Gist
Justice Gorsuch argues that the Supreme Court is actually much more unified than people think. He points to statistics showing that 40% of their decisions are unanimous, and says the current division rates are no worse than they were in 1945, proving that justices can work together despite their different backgrounds and beliefs.
Conclusion
The Supreme Court is less divided than public perception suggests, with justices finding common ground despite their diverse backgrounds and ideological differences
Premises
- 40% of Supreme Court cases are decided unanimously despite handling the 70 hardest cases in the country
- Only about one-third of cases result in 5-4 or 6-3 splits, and only half of those involve the ideological divisions people typically think about
- Current division rates are identical to 1945 when Roosevelt had appointed 8 of 9 justices, suggesting consistent patterns regardless of court composition
- The current court has diverse representation from across the country, appointed by five different presidents over 30 years
- Justices with fundamentally different judicial philosophies (originalists vs. non-originalists) are still able to communicate and find agreement
- Historical precedent shows that people with different perspectives can work together effectively when they assume good faith in their colleagues
Assumptions
- Unanimous decisions indicate genuine agreement rather than strategic voting
- Statistical measures of division accurately reflect the court's actual unity or discord
- Historical comparisons to 1945 are meaningful despite different political and legal contexts
- The ability to communicate and find common ground is more important than ideological alignment
- Public perception of court division is based primarily on high-profile split decisions