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The new study concludes that the results of this analysis

Feb. 24, 2017 by Kenneth Newton

The new study concludes that the results of this analysis are consistent with previous research, which has found similar patterns in Supreme Court justices throughout their careers. The new study is a follow-up to Lee's 2015 study, which also found similar patterns among justices served by each of the two previous presidencies (2003-2014) and the two previous appointments. Lee's analysis also found that in the past two decades, Supreme Court justices have been more likely to have worked in Republican or Democratic administrations.

So what can we do about the political split on the Supreme Court? Lee argues that the Supreme Court's partisan makeup is a major factor in the differences in political outcomes since the institution's inception in 1875. "There are so many issues that are politically important at any given time," says Lee. "People have to decide the way they go about their own lives or choose what they do about them, they have to decide what is right for their children or how they want to live life."

Lee's study was commissioned by the American Legislative Exchange Council (ALEC), an organization that promotes legislation. A report produced for the ALEC by then-Sen. Jon Tester (D-Mont.) and then-Rep. Jim Jordan (R-Ohio), provides an overview of legislative changes that affect the Supreme Court through the state's legislative process. The report provides a summary of these changes in terms of a broad range of factors such as state laws, laws that have a partisan impact on the Supreme Court, and other federal and state laws.

Lee points out that the most significant change in the Supreme Court's partisan makeup has been the increase in the number of Democrats in the Supreme Court. In 2003, the Supreme Court was only about 11 percent Republican. But in 2016, it's now about 30 percent Republican, a trend that has become more pronounced throughout the Supreme Court. In 2013, the number of Democrats in the Supreme Court was about 8 percent Republican, but it was now about 10 percent Republican. Lee says this trend is evident in the fact that the Supreme Court's share of the federal court is now over 30 percent.

Lee estimates that while the number of Democrats in the Supreme Court has increased, the number of Republicans has actually decreased. This is consistent with historical patterns in the Supreme Court. As a result, Lee believes that Republicans must have been concerned about changing the ideological makeup of the Supreme Court.

He also believes that Republicans may have been "fearful" of the fact that the Supreme Court had a Republican majority.