Illustrating Swing Votes I: Indiana Supreme Court

Abstract

In this article, we develop a method for illustrating graphically (a) the majorities that issue tightly split opinions; (b) the swing votes between the different majorities; and (c) the opinions those majorities issue.' We develop this method in the setting of the five-member Indiana Supreme Court as it was constituted between 1999 and 2010 using its composition as defined by its junior justice being Justice Robert D. Rucker.2 The other members of the court were Chief Justice Randall T. Shepard and Justices Brent E. Dickson, Frank Sullivan, Jr. (an author of this article), and Theodore R. Boehm. As the court's membership did not change during that nearly eleven-year period, there were a substantial number-176-tightly split decisions. We examine them and observe many swing votes, varied coalitions, and differentiation by opinion subject matter. We develop graphical techniques to illustrate those different tendencies.