Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-03-13
By Robert X. Walsh

Dissenting votes by Supreme
Court justices at this term may
come close to the record of 231
in both the 1861 and 1944-45
sessions.
Five-to-four decisions also seem
likely to be more numerous this
year, an unofficial compilation in
dicated yesterday. Split decisions
show no downward trend although
some observers believe more
settled pattern" has been estab-
lished this year.
With the current terms a little
more than half over, the court has
handed down A written opinions,
three fewer than at this time in
1948.
Adding in the % per curiam
opinions, which often contained
dissents, the total since last Octo-
Der was 70. Forty of these were
split decisions. These 40 accounted
for IS separate written dissents
and 60 non written diSSents.
Ahead of 1947-48 Figure.
This unofficial court of 103 dis
sents-to which another three dis
sents-i part could be added-is
currently running we'll ahead OF
dissents announced during the
first five months of the 1947-48
term.
Dissenting votes at the full 1947-
<8 term amounted to 218. The
1945-46 figure was 1879.
There have been IA five-to-four
split decisions to date as compared
with "a for the full term last year
and 26 in 1864.
Justices Black, Murphy, Doug.
las and Rutledge have made up
the minority in 8 of the IA. JUS
tees Black, Murphy. Frankfurter
and Jackson have been together
in two. In one case each the mi
nority has been Justices Frank
furter. Douglas, Murphy and
jackson: Chief Justice Vinson,
Justices Reed, Frankfurter and
jackson; Chief Justice Vinson,
Justices Reed. Jackson and Bur-
ton: and Chief Justice Vinson,
Justices Frankfurter, Jackson and
Burton.
6-3 Split in 10 Opinions.
The court has split six-tothree
in 10 opinions; seven-to-two in
seven; eight-to- in five: four
to-four in three, and six-to-one
In one.
Justice Murphy has been lone
dissenter in three instances. JUS
tees Jackson in two, and Frank
furter in one. Dissenting duets
have been Justices Rutledge and
Murphy; Rutledge and Douglas:
Douglas and Black; Douglas and
Reed; Chief Justice VinSon and
Justice jackson; Justices Jackson
and Frankfurter; Jackson and
Burton.
The unofficial midi term sum-
mary shows that the court has
upheld lower courts in 80 of
the 70 opinions. and ordered re-
versals or remandings in the other
40. The same 32-40 division was
found in the unanimous and split
decisions. although the individual
cases were not the same.
BOX scores" Of majority rul-
ngs, concurrences or dissents by
each justice do not give thor
ough picture of judicial or indi-
vidual work.
But the lineup for the year
thus far nevertheless shows that
Justices Black and Douglas, as
was the case last year. continue
to turn out the most majority
opinions. and also are among the
most prolific in written dissents.
IL Majority Opinions BY Black.
Justice Black thus far has writ
ten II majority opinions, one
opinion concurring with the ma
jority, and five dissents He also
has recorded eight written
dissents.
Justice Douglas has written 10
majority opinions. one majority
concurrence, and five dissents. He
has IL written dissents and
one partial dissent.
Justice Murphy has recorded
IS written dissents. and has
written two. He also has written
three majority opinions. During
the first few weeks of the present
term he was prevented by illness
from attending sessions.
Chief Justice Vinson, although
down for only one written ma
jority opinion, one written dis
sent, and six non written dissents
this year. generally handles all
the per curiam opinions as we'll
as numerous special duties.
Other Justices Records.
Justice Reed has seven majority
opinions. one majority concur
renee. and five dissents. and one
non-written dissent.
Justice Frankfurter has three
majority opinions. four written