Network Derived Domain Maps of the United States Supreme Court:
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1 Network Derived Domain Maps of the United States Supreme Court: 50 years of Co-Voting Data and a Case Study on Abortion Peter A. Hook, J.D., M.S.L.I.S. Electronic Services Librarian, Indiana University School of Law--Bloomington May 22, 2007, NetSci 07 New York Hall of Science, Queens, NYC SLIS Harvard Law Review Supreme Court Statistics July 2, 2005 New York Times 1
2 Ideological Landscape of the Justices ( ) Appointed by a Democrat Appointed by a Republican Voting frequencies represented as the edge weight between nodes and presented visually as a graph. (Rendered with Pajek using a stochastic, spring force algorithm.) Voting Together > 50% (Non-Unanimous Cases Supreme Court Terms) Voting Together > 49% (Non-Unanimous Cases Supreme Court Terms) 2
![1994-2003 Non-Unanimous Cases (MDS using R) m3ds$points[, 1:2][,2] -20-10 0 10 20 ohn Paul Stevens Ruth Bader Ginsburg David Hacktt Souter Stephen G. Breyer Anthony M.](/docs-images/85/92407881/images/3-3.jpg "Kennedy Sandra Day O'Connor William H. Rehnquist Clarence Thomas Antonin Scalia -40-20 0 20 40 m3ds$points[, 1:2][,1] Justices of the United States Supreme Court (1956 2005 Terms) 2007 Peter A.")
3 Non-Unanimous Cases (MDS using R) m3ds$points[, 1:2][,2] ohn Paul Stevens Ruth Bader Ginsburg David Hacktt Souter Stephen G. Breyer Anthony M. Kennedy Sandra Day O'Connor William H. Rehnquist Clarence Thomas Antonin Scalia m3ds$points[, 1:2][,1] Justices of the United States Supreme Court ( Terms) 2007 Peter A. Hook Spatial distribution based on the percentage of co-voting in Supreme Court opinions. Source: Harvard Law Review (O Data). Rendered with Pajek. Blue border color = appointed by a Democrat. Red border color = appointed by a Republican. 3
4 Justices of the United States Supreme Court ( Terms) 10 Highest Cumulative Voting Percentages ( Terms) Justice 1 O Connor Warren Reed Fortas Warren Scalia Roberts Warren Kennedy Brennan Justice 2 Roberts Marshall Clark Marshall Brennan Roberts Alito Fortas Roberts Fortas % # Cases Together % Justices of the United States Supreme Court ( Terms) 88% 10 Highest Cumulative Voting Percentages ( Terms) # Cases Justice 1 Justice 2 % Together O Connor Roberts Warren Marshall Reed Clark Fortas Marshall Warren Brennan Scalia Roberts Roberts Alito Warren Fortas Kennedy Roberts Brennan Fortas
5 Justices of the United States Supreme Court ( Terms) 28% 12 Lowest Cumulative Voting Percentages ( Terms) Justice 1 Justice 2 % # Cases Douglas Rehnquist Douglas Burger Douglas Blackmun Douglas Powell Frankfurter Douglas Douglas Harlan II Marshall Rehnquist Douglas Burton Black Harlan II Blackmun Thomas Brennan Rehnquist Douglas Whittaker Justices of the United States Supreme Court ( Terms) 8 of the 12 Lowest Co- Voting Percentages are with Douglas! 12 Lowest Cumulative Voting Percentages ( Terms) Justice 1 Justice 2 % # Cases Douglas Rehnquist Douglas Burger Douglas Blackmun Douglas Powell Frankfurter Douglas Douglas Harlan II Marshall Rehnquist Douglas Burton Black Harlan II Blackmun Thomas Brennan Rehnquist Douglas Whittaker
6 Justices of the United States Supreme Court ( Terms) Significant Cases Rehnquist Court 6: U.S. Term Limits v. Thornton no state term limits for Congresspersons Clinton v. Jones President can be sued while in office Boy Scouts of America v. Dale private organization can prohibit homosexuals Bush v. Gore Florida recount must stop Lawrence v. Texas sodomy laws unconstitutional Atkins v. Virginia cannot execute mentally retarded criminals Grutter v. Bollinger narrowly tailored affirmative action is permissible Hamdi v. Rumsfeld enemy combatants have right to neutral decisionmaker Kelo v. City of New London state can take private property for commercial development Rehnquist Court 6 (Aug. 3, 1994 to Sept. 28, 2005) (6 th different composition of nine Justices during the tenure of Chief Justice William H. Rehnquist.) 6
7 Relational Infrastructure of the Law (Topic Assignment) 26 Abortion and Birth Control Cases in the S.Ct = Birth Control = Abortion Timeline Layout Timeline Layout with Citation Inter-linkages 7
8 Relational Infrastructure of the Law (Depth of Treatment) 8
9 West Depth of Treatment = Examined = Discussed = Cited = Mentioned West Depth of Treatment = Examined = Discussed = Cited 9
10 West Depth of Treatment = Examined = Discussed West Depth of Treatment = Examined 10
11 West Depth of Treatment = Quoting Opinions that Quote from Roe v. Wade West Depth of Treatment = Quoting 11
12 Relational Infrastructure of the Law (Case Status) West Depth of Treatment = Examined = Discussed = Cited = Mentioned 12
13 West Status Flags = at least one point is no longer good law = at least one point has negative treatment = case has some history = case has been cited 22. Planned Parenthood of SE Penn. v. Casey, 492 U.S. 490 (June 29, 1992) vs. Informed consent provisions of Pennsylvania's abortion statute that require giving of truthful, nonmisleading information about nature of abortion procedure, about attendant health risks of abortion and of childbirth, and about probable gestational age of fetus do not impose undue burden on woman's right to choose to terminate her pregnancy. West Publishing 13
14 1. Griswold v. Connecticut, 381 U.S. 479 (June 07, 1965) vs. The First Amendment has a penumbra where privacy is protected from governmental intrusion. West Publishing Connecticut law forbidding use of contraceptives unconstitutionally intrudes upon the right of marital privacy. West Publishing 14
15 3. Eisenstadt v. Baird, 405 U.S. 438 (March 22, 1972) vs. Main Opinion Dissent Took No Part Concurrence Concurrence Massachusetts statute permitting married persons to obtain contraceptives to prevent pregnancy but prohibiting distribution of contraceptives to single persons for that purpose violates equal protection clause. West Publishing Under right of privacy, individual, married or single, has right to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as decision whether to bear or beget a child. West Publishing 4. Doe v. Bolton, 410 U.S. 179 (Jan. 22, 1973) 5. Roe v. Wade, 410 U.S. 113 (Jan. 22, 1973) 15
16 Concurrence Concurrence Dissent Concurrence Dissent Dissent Main Opinions Roe v. Wade, 410 U.S. 113 (Jan. 22, 1973) 4k106 Fetal Age and Viability: Trimester Prior to approximately the end of the first trimester of pregnancy, the attending physician in consultation with his patient is free to determine, without regulation by state, that in his medical judgment the patient's pregnancy should be terminated, and if that decision is reached such judgment may be effectuated by an abortion without interference by the state. From and after approximately the end of the first trimester of pregnancy, a state may regulate abortion procedure to extent that the regulation reasonably relates to preservation and protection of maternal health. If state is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period except when necessary to preserve the life or the health of the mother. West Publishing 16
17 19. Webster v. Reproductive Health Services, 492 U.S. 490 (July 03, 1989) vs. State's interest in protecting potential human life does not come into existence only at point of viability and thus, there should not be rigid line allowing state regulation of abortion after viability but prohibiting regulation before viability. (Per Chief Justice with two Justices concurring.). Today, Roe v. Wade, and the fundamental constitutional right of women to decide whether to terminate a pregnancy, survive but are not secure. I fear for the future. I fear for the liberty and equality of the millions of women who have lived and come of age in the 16 years since Roe was decided. I fear for the integrity of, and public esteem for, this Court. 22. Planned Parenthood of SE Penn. v. Casey, 492 U.S. 490 (June 29, 1992) vs. Reliance on Roe v. Wade rule's limitation on state power required reaffirmance of Roe's essential holding under doctrine of stare decisis; for two decades of economic and social developments, people organized intimate relationships and made choices that defined their views of themselves and their places in society in reliance on availability of abortion in event of contraceptive failure. West Publishing 17
18 1970 Term Blackmun / Burger First Together Black m3ds$points[, 1:2][,2] Harlan Burger Blackmun Marshall Brennan Douglas White Stewart m3ds$points[, 1:2][,1] 1985 Term Their Last Together Stevens m3ds$points[, 1:2][,2] Rehnquist Burger White O'Connor Powell Blackmun Brennan Marshall m3ds$points[, 1:2][,1] 18
19 THE END 19
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