Last week, we wrapped up our consideration of which Justices of the Illinois Supreme Court most often spoke for the Court in the majority opinion. Today, we approach the issue of the individual Justices’ influence in another way: which Justices most often voted with the majority in non-unanimous cases?

The data for civil cases between 2000 and 2007 is reported in Table 380 below. In 2000, Justice McMorrow led the Court, voting with the majority in fifteen cases. Justices Miller and Heiple voted with the majority thirteen times. Justice Freeman voted with the majority twelve times, Justice Bilandic eleven, Justice Rathje ten and Chief Justice Harrison only seven. The following year, Justice Fitzgerald led the Court, voting with the majority twelve times in non-unanimous civil cases. Justice Thomas was next with ten. Justice Garman voted with the majority nine times, Justices McMorrow, Freeman and Kilbride eight each, and Chief Justice Harrison voted with the majority seven times. In 2002, Justices Garman, Freeman, Kilbride and Thomas led with thirteen civil cases apiece voting in the majority. Chief Justice McMorrow and Justice Fitzgerald voted with the majority twelve times. Chief Justice Harrison voted with the majority nine times, and Justice Rarick voted with the majority once. In 2003, Justice Fitzgerald led the Court, voting with the majority in non-unanimous civil cases thirteen times. Justice Freeman was next at twelve cases, Justice McMorrow voted with the majority eleven times, and Justice Rarick voted with the majority ten times. Justice Thomas voted with the majority nine times and Justices Garman and Kilbride voted with the majority eight times each.

In 2004, Justice Thomas led, voting with the majority in fifteen cases. Justices Freeman and Fitzgerald were next, voting with the majority thirteen times apiece. Justice McMorrow voted with the majority twelve times, Justice Garman eleven times, Justice Kilbride ten times and Justice Rarick nine times. In 2005, Justice Fitzgerald led, voting with the majority nine times. Justices McMorrow and Garman voted with the majority eight times. Chief Justice Thomas voted with the majority seven times, Justice Freeman six times, and Justices Kilbride and Karmeier five each. Justice Fitzgerald led again in 2006, voting with the majority nineteen times in non-unanimous civil cases. Justice Freeman was next, voting with the majority seventeen times. Justices Kilbride and Karmeier voted with the majority fifteen times. Justice Thomas voted with the majority fourteen times, Justice Garman thirteen times, Justice McMorrow ten and Justice Burke twice. In 2007, Justices Freeman and Fitzgerald led the Court, voting with the majority eight times in non-unanimous civil cases. Chief Justice Thomas and Justices Burke, Garman and Kilbride voted with the majority six times apiece, and Justice Karmeier voted with the majority in non-unanimous civil cases three times.

Click here to view table. 

Join us back here tomorrow as we turn our attention to the Justices who most often voted with the majority in criminal cases between 2000 and 2007.