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Reason
Reason
Damon Root

A Rare SCOTUS Case That Pitted Thomas Against Alito

Clarence Thomas Samuel Alito SCOTUS Donald Trump United States Slayer Brett Kavanaugh John Roberts

Have you ever wondered which members of the U.S. Supreme Court vote together most often? Well, fear not, because SCOTUSblog's Kelsey Dallas crunched the numbers last year and determined the answer: Justices Clarence Thomas and Samuel Alito "agreed in 97% of all cases resolved with opinions from the court and in 100% of the closely divided (6-3 or 5-4) ones in the 2024-25 term." In the vast majority of recent cases, Thomas and Alito stood together.

But in a notable 6–3 decision that was issued yesterday, Thomas and Alito actually stood on opposite sides of the dispute. Is this the exception that proves the rule?

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