Litigation » Obama’s Unlikely Allies: Clarence Thomas, Anthony Kennedy

Obama’s Unlikely Allies: Clarence Thomas, Anthony Kennedy

July 1, 2015

Michelle Obama, U.S. President-elect Barack Obama, Vice President-elect Joe Biden and Jill Biden walk down the steps of Baltimore City Hall for a rally January 17, 2009 in Baltimore, Maryland. Obama, Biden and their families traveled by train to Washington for a whistle-stop tour before Tuesday's inaugural ceremony.

Despite several recent high-profile victories, the Obama administration has not had a great win average in Supreme Court cases: just 38 percent, significantly lower than the average executive branch win rate of 60 to 70 percent. Even more unusual is how often Obama’s wins were decided by conservative members of the Court. In fact, liberal justices have voted against the Obama administration more often than conservatives did, with Justices Ruth Bader Ginsburg and Stephen Breyer casting the most votes against. Justices Clarence Thomas and Anthony Kennedy sided with the administration more often than not, in 52 percent of cases, mostly due to the conservative stance the Obama administration has taken in criminal cases.

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