How Did Justice Sotomayor Assign Dissents in 6-3 Cases This Term?

One of the perks of seniority the power to assign opinions. But with Chief Justice Roberts being in the majority more than 90% of the time, there are few opinions assigned by Justice Thomas or anyone else. Justice Sotomayor, who is number four in terms of seniority, has only assigned a handful of majority opinions. Since Justice Breyer’s retirement, Justice Sotomayor now has the power to assign the dissents in cases that split 6-3. This term, Sotomayor made a number of such authorships. Who did she pick?

Justice Sotomayor kept the dissents for herself in West Virginia v. B.P.J., Trump v. Slaughter, and Allen v. Milligan.

Justice Sotomayor assigned the dissents to Justice Kagan in Mullin v. Doe, NRSC v. FEC, Wolford v. Lopez, Exxon Mobile v. Climex, and Louisiana v. Callais.

Justice Sotomayor assigned the dissent to Justice Jackson in Mullin v. Al Otro Lado, Landor v. Louisiana Department of Corrections, and Blanch v. Lau.

(Let me know if I missed any.)

It strikes me as odd that Justice Kagan did not write the Slaughter dissent. Justice Kagan’s dissent in Seila Law is probably her most important opinion of all time. Sotomayor’s Slaughter dissent repeatedly calls back to Seila Law.Slaughter and NRSC were both argued in December. Sotomayor made the choice to keep Slaughter for herself and giving Kagan NRSC.

I would have loved to read a Kagan dissent in Slaughter. Sotomayor’s dissent was, well, lacking in punch. I often write about the best writers on the Court, but I usually don’t rank the bottom of the pack. Breezing through a witty Kagan dissent is a joy. Slogging through a dense Sotomayor dissent feels like a chore.