Let's now take a look at the judicial output of the next two most senior members of each court. On the U.S. Supreme Court, that would be Justices Antonin Scala and Anthony Kennedy. On the New York Court of Appeals, that would be Judges Victoria Graffeo and Susan Read.
Let's first look at the total opinions written by each of them last year.
(click to enlarge)
But while New York's Judge Graffeo authored the most opinions of the four, Justice Scalia came next. He wrote more total opinions than did Judge Read, as well as more than his colleague Justice Kennedy. The latter wrote the fewest of all. He authored significantly fewer opinions than did either Scalia or Read, and only half as many as Graffeo.
Let's look inside these total opinion numbers. What about looking just at opinions written for the majority. [Actually, opinions written for the Court, including the unanimous ones.]
What about separate opinions--i.e., separate concurrences or dissents?
As also shown in Chart 3, both Justices Scalia and Kennedy wrote several concurring opinions, whereas Judges Graffeo and Read wrote only one apiece. Nevertheless, regarding majority opinions--opinions written on behalf of the Court--both Graffeo's and Read's outputs dwarf those of Scalia and Kennedy.
Now let's put it together in a single chart.
Only in the category of separate opinions was there an exception. The number of Scalia's separate opinions--i.e., his written concurrences plus dissents--was far greater than that of either Judge Graffeo or Read (or Justice Kennedy).
As noted at the conclusion of the preceding post dealing with Chief Justice Roberts and Chief Judge Lippman, these are just the facts, the numbers. The unvarnished, unembellished, unexplained data. Again, partisans and others will have their ifs, ands, buts, what ifs, and yets, etc.
Not that those considerations are irrelevant or unimportant. But for now, these are the raw figures. Significant in themselves.
In the next post, we'll combine the data from the first 2 posts. We'll quickly look at the numbers for Chief Justice Roberts together with those for Justices Scalia and Kennedy, and place them side by side with the numbers for Chief Judge Lippman together with those for Judges Graffeo and Read.
In the post after that, we'll look at the judicial output of Justices and Judges we have not yet covered.