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Supreme Ct. 10-23

Supreme Ct. 10-23 - In what ways can collegiality affect...

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In what ways can collegiality affect the Court? Voting fluidity o Occurs when a justice decided to change a vote initially cast in conference o Members are free to change their votes at any particular time until the decision actually comes down o Ex) Saxbe v. Washington Post Does the first amendment give the press the right of access to prison inmates? Chief Burger changed his mind after the conference He converted his 5-4 decision for the press to a 5-4 decision against the press After contemplating over the weekend, his views and the views of his colleagues, he changes his mind *We don’t know how much fluidity exists, but based on the paper trail, it is rare, (in less than 10% of cases) It’s very rare that the majority will lose enough votes to change the outcome of the decision More often, it increases the size of the majority Occasionally justices will change their minds in between cases, after the opinion has been issued Interest groups in the Court o
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  • Spring '08
  • McGuire
  • Law, Supreme Court of the United States, First Amendment to the United States Constitution, American Civil Liberties Union, Amicus curiae

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