As mentioned in the last post, there's a wrinkle here. Neither Judge Rivera nor Judge Abdus-Salaam was on the New York court for the entire year. (Recall, we are reviewing summer break 2012 to summer break 2013). Rivera didn't join the court until February. Abdus-Salaam till May.
So for the purposes here, let's combine the records of each of those Judges with the records of their predecessors who sat on the court in the earlier part of the year. Rivera with that of Carmen Ciparick (who left because of mandatory age retirement at the end of 2012). Abdus-Salaam with that of Theodore Jones (who tragically passed away in November 2012).
But even those combinations do not constitute a full year. The Ciparick to Rivera seat was vacant for the Court of Appeals' January session and 1/2 of the February one. The Jones to Abdus-Salaam seat was vacant most of the year--neither Judge participated in decisions of appeals rendered from November through May.
Nevertheless, simply for the sake of completeness, we'll include those combinations in the graphs for this post. But we'll also include the averages for the Court of Appeals as a whole--and for symmetry, that for the Supreme Court as well--to have something meaningful with which to make comparisons.
With the foregoing in mind, let's get going.
(click to enlarge)
(The number of total opinions by the Jones-Abdus-Salaam seat represents only 1 and 1/2 months of cases and, consequently, is not really amenable to any meaningful comparisons.)
Regarding that total number of judicial opinions by Justice Kagan, it is very close to the Court of Appeals average (27). In fact, it is greater than the Supreme Court average (~21) which, in turn, is lower than that of the New York court.
Let's look inside these figures. First, majority opinions.
(Again, the number for the Jones-Abdus-Salaam seat, representing only 1 and 1/2 months of cases, is not really amenable to any meaningful comparisons.)
And the separate (non-deciding) opinions? That is, the separate concurrences and the dissents.
In short, the 2 Justices wrote far fewer majority (deciding) opinions than did Court of Appeals Judges generally. But, at least regarding Justice Kagan, the reverse is true for separate (non-deciding) ones.
Here's the foregoing data in one chart.
In the next post we'll graphically summarize all that we've seen in this series. The entire Supreme Court and the entire New York Court--individually and collectively. And we'll consider some of what the numbers mean.
As a preview, here's a chart recapping the averages for the 2 courts (i.e., total court output divided by total court membership).