Fact Check: In the 2022-2023 term, Justice Barrett joined Justices Sonia Sotomayor and Elena Kagan in nonunanimous decisions 82% of the time, up from 39% in her first term.

Fact Check: In the 2022-2023 term, Justice Barrett joined Justices Sonia Sotomayor and Elena Kagan in nonunanimous decisions 82% of the time, up from 39% in her first term.

Published June 15, 2025
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# Fact Check: "In the 2022-2023 term, Justice Barrett joined Justices Sonia Sotomayor and Elena Kagan in nonunanimous decisions 82% of the time, up fr...

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Fact Check: "In the 2022-2023 term, Justice Barrett joined Justices Sonia Sotomayor and Elena Kagan in nonunanimous decisions 82% of the time, up from 39% in her first term."

What We Know

The claim states that Justice Amy Coney Barrett joined Justices Sonia Sotomayor and Elena Kagan in nonunanimous decisions 82% of the time during the 2022-2023 term, a significant increase from 39% in her first term. According to the data from the Supreme Court, the 2022-2023 term saw various alignments among justices, but specific statistics on Barrett's voting patterns in relation to Sotomayor and Kagan are not directly available in the cited sources. For instance, a source provides a general overview of justice alignments but does not specify Barrett's percentage of agreement with Sotomayor and Kagan.

Additionally, the 2023 term opinions indicate that the term began on October 2, 2023, and will conclude on October 6, 2024, which means that the data for the 2022-2023 term would need to be analyzed separately from ongoing cases in the current term.

Analysis

To evaluate the claim, we need to consider the reliability of the sources and the context of the statistics. The claim suggests a dramatic shift in Barrett's alignment with the liberal justices, which would be significant if accurate. However, the sources available do not provide a comprehensive breakdown of Barrett's voting record specifically with Sotomayor and Kagan for the 2022-2023 term.

The source from Ballotpedia does provide some context regarding justice agreement rates but lacks detailed statistics on Barrett's specific alignments with Sotomayor and Kagan. This absence of detailed data raises questions about the accuracy of the claim. Furthermore, the AP News article discusses a specific case where Barrett joined the liberal justices, but it does not provide a broader statistical analysis of her voting patterns across the term.

Given that the claim presents a specific percentage increase without robust evidence from reliable sources, it is essential to approach it with caution. The lack of detailed data on Barrett's voting patterns makes it difficult to verify the claim conclusively.

Conclusion

Needs Research. The claim regarding Justice Barrett's alignment with Justices Sotomayor and Kagan lacks sufficient supporting evidence from credible sources. While there are indications of Barrett's participation in nonunanimous decisions alongside the liberal justices, the specific percentages cited in the claim require further verification and analysis. More comprehensive data from reliable sources would be necessary to substantiate or refute the claim accurately.

Sources

  1. 2023 term United States Supreme Court opinions of Elena Kagan
  2. Supreme Court won't let Biden implement immigration policy
  3. 2023 term opinions of the Supreme Court of the United States
  4. Majority oversteps in Trump ballot ruling: Liberal justices - Law & Crime
  5. Opinion | Using Math to Analyze the Supreme Court Reveals an ... - POLITICO
  6. Supreme Court cases, October term 2022-2023
  7. Supreme Court's Surprising Ruling That Went Unnoticed
  8. Another One Bites the Dust: End of 2022/2023 Supreme ...
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