Although numerous commentators have characterized the Wisconsin Supreme Court as polarized, this conclusion often seemed based on nothing more precise than acrimonious exchanges between justices or the number of 4-3 decisions filed that term. Furthermore, “indicators” of polarization cited by observers are not weighed against the impressions left by the court in preceding decades—which makes it impossible to determine whether the court is any more polarized now than in, say, 2010 or 1970. Today’s post addresses this by offering a means of measuring polarized voting and comparing the results over the last hundred years.[Continue Reading…]
Unanimous and 4-3 Decisions: Some Longterm Trends
August 20, 2025 by Leave a Comment
At a time when the Wisconsin Supreme Court has been described as polarized, dysfunctional, and politicized,[1] some commentators have noted that fully 36% of decisions were unanimous in 2024-25—consistent with levels in previous terms and a larger share, they suggest, than might have been expected in a partisan atmosphere. Indeed, given that more decisions last term were reached unanimously than by any of the other possible vote margins, such observations on unanimity could even prompt one to question whether “polarized,” “dysfunctional,” and “politicized” are les mots juste when characterizing the court. [Continue Reading…]
Wisconsin Supreme Court Statistics, 1921-22
August 5, 2025 by Leave a Comment
These tables are derived from information contained in 285 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1921, and August 31, 1922. The total of 285 decisions does not include … [Continue reading]
Correction for the 2024-25 Statistics
July 28, 2025 by Leave a Comment
I’m grateful to a reader for bringing to my attention that I mistakenly attributed a dissent in State v. Joan L. Stetzer to Justice Protasiewicz that should have been credited to Justice Karofsky. I have corrected the four affected tables in the … [Continue reading]
The 2024-25 Fantasy League Medalists
July 23, 2025 by Leave a Comment
This season featured a thrilling conclusion, with the Writs overtaking the Affirmed in the final days of competition. At its awards banquet earlier this week, the league honored not only the Writs but also the leading scorers from each team: … [Continue reading]
Wisconsin Supreme Court Statistics, 2024-25
July 21, 2025 by Leave a Comment
These tables are derived from information contained in 22 Wisconsin Supreme Court decisions filed between September 1, 2024, and the end of the court’s term in the summer of 2025. The total of 22 decisions omits orders pertaining to various motions, … [Continue reading]
The 2024-25 Term: Some More Impressions
July 17, 2025 by Leave a Comment
One of last year’s posts could have been titled “The Rise of the Liberals,” as we examined evidence of the court’s new liberal sway shortly after years of conservative ascendancy. Certain indications of this sea change were unprecedented, and the … [Continue reading]
The Supreme Court’s 2024-25 Term: Some Initial Impressions
July 15, 2025 by Leave a Comment
With no more decisions expected this term, it’s time to begin our annual exploration of the Wisconsin Supreme Court’s work. Will the dramatic shifts of 2023-24 prove lasting? And what surprises—if any—did 2024-25 have in store? … [Continue reading]
Law Firm Fantasy League
July 5, 2025 by Leave a Comment
This week yielded far more points than previous batches of decisions—and jolted the top of the standings in the process. Back in January, the Affirmed seized first place and held that spot all the way through June. But then, a stunning performance … [Continue reading]
Law Firm Fantasy League
June 28, 2025 by Leave a Comment
As detailed below, three teams gained points from a trio of these week’s decisions, thereby tightening up the standings considerably. Wisconsin Manufacturers and Commerce, Inc. v. Wisconsin Department of Natural Resources The Writs (5 points for … [Continue reading]
