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Deliberation at the Supreme Court

Deliberation at the Supreme Court - Powell switched sides...

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Deliberation at the Supreme Court The process o Oral argument The presentation of both sides in front of the justices o The conference Justices gather together in private and state their opinions on each case Majority opinions are then assigned to a member of the majority o The decisions Those not assigned the majorities have the opportunity to write a concurring opinion or a dissenting opinion Bowers v. Hardwick- Georgia law that outlawed sodomy, 5-4 at conference wishing to strike down sodomy laws, and Justice
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Unformatted text preview: Powell switched sides and then was 5-4 to uphold the sodomy laws Stare decisis- let the decision stand, precedent is to stand and overturning cases is very rare (Lawrence v. Texas overturned Bowers v. Hardwick) Common law presumption is that you stay with precedent and that the law builds up over time and builds on the past, the legitimacy of the court is heightened if the court isn’t tossing out decisions right and left...
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