Picturing the Supreme Court’s lineup [Updated]


Via Slashdot we come across SCOTUSScores.com, a site which purports to give a clear visual representation of the Supreme Court’s voting patterns over the years. Each justice is given a color coding for every term representing how he voted.

There’s just one problem with it: It’s biased.

Updated below the fold…

No, really? A biased chart of the Supreme Court just in time for a fight over Obama’s nominee to the court, and probably future nominations to come? Who’d have thought it? But take a look: The colors are skewed. The left and right are set to different scales, where the deepest red color shows up at about 5, for Clarence Thomas, while the deepest blue color only shows up when you get to about 6.5, for William O. Douglas. See the problem?

By cursory inspection, all left-leaning justices will look more ‘moderate’ and ‘centrist’ than the right-leaning justices. William Rehnquist’s “Lone Ranger” period is exaggerated, while Thurgood Marshall is moderated.

This cannot stand, so I have fixed the chart:

Sure, the chart’s not as colorful, but now it’s true to the data and that’s what counts.

Update: I got an email from Alex Lundry at TargetPoint. With his permission, it follows:

Neil,

I tried posting a comment to your RedState blog, but it won’t let me, as I’ve only just signed up for an account.

First, thanks for posting the link to SCOTUSscores.com and for the feedback. It’s especially great to see people interacting with the visualization and repurposing it. Well done.

Your point about the coloring is a legitimate criticism, and in fact, we plan on adding an absolute color reference in our next update. But perhaps some more details about precisely how the coloring works could clear up any lingering confusion about the existing display options.

There are actually four different ways to display color on the chart. The colors are chosen based upon the Min, Max, and Median of the area we are comparing. So, in the first view, the “overall” view, the darkest Red is anchored to the maximum ideology number across all justices and all terms, the darkest Blue is anchored to the minimum score, and the purest white is anchored to the actual median number.

The second “compare” option, “within each seat, row” calculates separate color anchors for each row.

Similarly, the third compare option, “within each year, column” calculates separate color anchors for each column.

I hope this helps you better understand the colors and the decisions we made on the chart. I would argue that the views in our chart and in your version are each, in their own way, “true” to the data.

Let me know if you have any other questions.

- Alex

p.s. As far as the lying and bias accusations go, you might want to check out my bio and TargetPoint’s work/client list and see precisely what is we do. We are most certainly NOT liberal apologists.

My reply: Yes, we do have a 24 hour waiting period before posting is allowed. We get that many troublemakers that it’s essential.

But as for TargetPoint, I do have to retreat from some of my claims. They have a track record of working for the right, most notably Bush/Cheney 2004. I’m now inclined to believe that this wasn’t malicious, but rather was just an unfortunate choice of a right-leaning group to give some fodder to the left on the eve of a big battle.

So no, I don’t think they’re lying. I just think their defaults are wrong. I thank Alex and hope TargetPoint keeps working on that chart to improve it.


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27 Comments Leave a comment

Why Moderate...

seabass Friday, June 19th at 9:48AM EST (link)

Why would you want to recolor the map…as it stands it looks like the court has been a bulwark of conservatism (I know it’s not actually always the case.)

I would champion the conservative bent of the Court rather than moderate it and look like I am ashamed of Conservative rulings…Am I wrong/

I'm not moderating

Neil Stevens (Diary) Friday, June 19th at 9:51AM EST (link)

I’m telling the truth.

I don’t know what point you’re trying to make, but the point of this post is that the original chart is lying. I made it tell the truth about the data it purports to represent.

Do you have a problem with honesty?

RS contributing editor, technical administrator, and “a hardy variety of crabgrass.”
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In fact, that's the point

Neil Stevens (Diary) Friday, June 19th at 9:59AM EST (link)

The people who made the original chart were lying and moderating the left, trying to cover for their hard-left activist rulings.

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And though I've now updated the original post

Neil Stevens (Diary) Friday, June 19th at 10:59AM EST (link)

That doesn’t change my question to you, seabass: Why do you have a problem with an attempt to make the chart reflect the underlying data?

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My First Comment..

seabass Friday, June 19th at 10:07PM EST (link)

This was my first post to this site and after posing a harmless question…I get flogged. Awesome.

Well My fellow Cons, enjoy this site, I thought this was a place for discussion, not eating our young. Have fun

What a thin skinned, ignorant wimp.

mbecker908 (Diary) Friday, June 19th at 10:37PM EST (link)

You won’t be missed. And you won’t contribute any more anywhere else than you have here. Because you’ve got nothing to say.

 
 
 
 
 

I don't understand why you inverted the colors. nt

redstatebluestate123 (Diary) Friday, June 19th at 10:02AM EST (link)

Red is the color of socialism

Neil Stevens (Diary) Friday, June 19th at 10:05AM EST (link)

Always has been, always will.

If it were up to me our site here would have a different name.

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I understand

redstatebluestate123 (Diary) Friday, June 19th at 10:12AM EST (link)

However, I think the Red vs. Blue divide is far too ingrained in our collective cultural imagination to actually change regardless of its accuracy (kind of like the fact that Andrew Carnegie’s name was actually pronounced Car-NEG-ee). Nor do I think it particularly matters, as post-cold war people don’t really associate the color red with communism or socialism. That said, it’s your chart. My advice would be to include a footnote mentioning your recoloring, so people don’t assume you think that Clarence Thomas is the most liberal justice on the court.

redstatebluestate123...did history begin in 2000 for you??...nt

Aaron Gardner (Diary) Friday, June 19th at 11:18AM EST (link)

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


No. nt

redstatebluestate123 (Diary) Friday, June 19th at 11:32AM EST (link)

Then how can you say that a construct only 9 years old is...

Aaron Gardner (Diary) Friday, June 19th at 11:54AM EST (link)

far too ingrained in our collective cultural imagination to actually change regardless of its accuracy

Knowing that 9 years out of 200+ does not constitute a lasting trend.

Seriously.

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


 
 
 
 

It's also the color of the Opposition Force

Achance (Diary) Friday, June 19th at 12:03PM EST (link)

in war gaming and military exercise. I don’t know where the Red/Blue started; first place I saw it was the state by state and later county by county Bush-Gore maps in USA Today. We accepted it, embraced it even, but just like the “city on a hill” rhetoric it has some not altogether positive connotations for conservatives.

In Vino Veritas

I seem to remember...

evanm (Diary) Friday, June 19th at 12:17PM EST (link)

…CNN switched the colors every 4 years, until 2000, when we all became so used to referring to “Red States” and “Blue States” to denote party dominance.

A quick google image search reveals it’s inconsistent prior to 2000… I found a few Republican = Blue State graphs.

 

The red for Republicans and blue for Democrats has been around since at least 1984.

redstatebluestate123 (Diary) Friday, June 19th at 12:21PM EST (link)

http://www.youtube.com/watch?v=1e4t1qKGFao

See the tally at 1:16, then the map at 1:26

Wrong...it has only been consistent since 2000...

Aaron Gardner (Diary) Friday, June 19th at 12:24PM EST (link)

Prior to 2000 there were various color schemes used and no national standard.

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


 

Trust Me, You're Wrong On This

IJB Friday, June 19th at 12:32PM EST (link)

I’m pretty sure that some broadcast (and later cable) networks used to have a system which alternated which party’s presidential candidates got which colors assigned to them based on factors like which party was the “incumbent” party in the White House.

It wasn’t until 2000 when the colors ‘froze’ as they are now.

 

The Rs have tended towards using Red and

Achance (Diary) Friday, June 19th at 12:33PM EST (link)

Red, White, and Blue for their campaign materials for at least all of my lifetime. The Ds have been all over the place but I’d say Blue and Blue and White predominated. Carter, though, used green and white and there have been others. The Ds have avoided using a lot of Red or Red, White, and Blue presumably because since the ’60s they haven’t much wanted to be associated with that patriotism stuff.

In Vino Veritas

In 80 Carter was the Red and reagan was the Blue...

Aaron Gardner (Diary) Friday, June 19th at 12:50PM EST (link)

hence Brinkley’s “Sea of Blue” comment.

conform and celebrate diversity….or else!!!

“We’d be much better off if We The People had desired small government enough to keep it.” acat


 
 
 

In chess as well

Finrod (Diary) Friday, June 19th at 5:21PM EST (link)

Well, it used to be, anyways. Chess sets used to be White vs Red, nowadays they’re White vs Black.

Let’s get down to brass tacks here. How much for the ape?

Yes, well...

Raven (Diary) Saturday, June 20th at 1:01AM EST (link)

It’s all about white’s suppression of blacks…

“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36

 
 
 
 
 

I'm glad someone else noticed this.

evanm (Diary) Friday, June 19th at 11:45AM EST (link)

And extremely glad you fixed it.

His explanation reveals one source of the bias:

So, in the first view, the “overall” view, the darkest Red is anchored to the maximum ideology number across all justices and all terms, the darkest Blue is anchored to the minimum score, and the purest white is anchored to the actual median number.

This color scheme assumes that the median justice-year-score on the court is a moderate, which is facially an unwarranted assumption. All his chart does is compare the Supreme Court to itself.

Even then, I’m curious to know how the “Median Justice Court Average” is red-to white for the entire court of the graph. I suspect the weighting issue you pointed out has something to do with it.

Good Point. 5. (nt)

IJB Friday, June 19th at 11:58AM EST (link)
 

Anyone else notice how Justices tend to get more liberal with time on the court?

Finrod (Diary) Friday, June 19th at 1:04PM EST (link)

Sure, there are a few exceptions the other direction, like Hugo Black and Owen Roberts, but compare them to this list:

John Paul Stevens
Ruth Bader Ginsberg
David Souter
Steven Breyer
Anthony Kennedy
Sandra Day O’Connor
Thurgood Marshall
William O. Douglas
William J. Brennan
Earl Warren

Heck, even Rehnquist got a lot less blue as time passed.

Let’s get down to brass tacks here. How much for the ape?

Some of that is real, some isn't

Neil Stevens (Diary) Friday, June 19th at 1:15PM EST (link)

Some of that is an artifact of Nixon and Reagan getting a lot of picks.

Some of it’s real.

It’s up to people with the time and energy to unpack how much of each is real. :-)

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I've heard that's because of the clerks they get

leftylurker (Diary) Friday, June 19th at 1:18PM EST (link)

I have no way to verify this, but it makes a certain sense that liberal law professors influence students, and then they go to the Court where they slowly influence their judges…

Just a thought.

 

A lot has to do with what cases get brought,

Achance (Diary) Friday, June 19th at 1:28PM EST (link)

most particularly what cases get brought by the US and its position on the case. A liberal, Democrat government is going to put the US Attornies and the Solicitor General on a totally different litigation agenda than would a Republican President. Of course, there is also the impact of powerful interest groups challenging an Administration, e.g., envirowhackos challenging a Republican, business or social conservative interests challenging a Democrat, though not so much the latter anymore unfortunately.

In Vino Veritas