Hastings Constitutional Law Quarterly


This Article attempts, through statistical analysis, to identify the ideological learnings of the United States Supreme Court during the October 1993 Term. The Court adopted a more liberal approach to civil litigation involving state and federal governments, but it remained relatively conservative in its approach to criminal cases and statutory civil rights issues. Justice Kennedy emerged as the Term's most influential member in cases that were decided by a one-Justice majority; he was a member of the majority in all but one of the cases so decided. Justice Souter continued his gravitation to the liberal pole of the Court, and Justice Ginsburg, in her first Term on the Court, generally aligned herself with the more liberal members of the Court. The Term also saw some members of the Court reorient themselves in First Amendment and civil litigation issues. This was probably due, at least in part, to the nature of the agenda pursued by the new Solicitor General under President Clinton.