David Carrillo, executive director of the California Constitution Center at Berkeley Law, and Stephen Duvernay, senior research fellow at Benbrook Law Group, write in the Daily Journal that the U.S. Supreme Court and California’s Supreme Court “are moving in opposite directions — but not in the way you might think.”

It’s not so much a conservative-liberal dichotomy, the column explains, but the ability to reach consensus:  for the five-year period ending in December 2019, California Supreme Court opinions were unanimous almost 90 percent of the time, while SCOTUS achieved that level of agreement in fewer than half of its decisions.


A conservative SCOTUS and the “much more liberal” California Supreme Court

The Supreme Court by the numbers

Law reviews focus on the Supreme Court, with differing views about court consensus

“California Supreme Court consistently unanimous, even in contentious cases”

The barely perceptible Brown-justices bloc

Justice Werdegar’s replacement might not affect case outcomes much