Supreme Ct. 10-11

Supreme Ct. 10-11 - In what ways can collegiality affect...

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In what ways can collegiality affect the Court? Leadership o How to assess impact? Opinion Assignment Most senior member in the majority Importance depends upon frequency Historically chief justices have been in the majority more often than not, thus having the option to decide who will write the opinion of the Court. Warren, Burger, and Rehnquist were in majority 86, 86, and 82% of the time o Goals in opinion assignment Equality Each justice receives equal share of workload—generally, chief justices have been attentive to the fact that sometime one justice may have more business than the other, and don’t want the courts workload to become delayed. Maximize preferred policy The reasons that support an outcome, that are only stated in the courts opinion, are more important than the actual outcome of the case Ways to ensure that it satisfies own preferences (maximize preffered policy) 1) self-assignment o In important cases(cases that end up in textbooks/front page of paper/that
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Supreme Ct. 10-11 - In what ways can collegiality affect...

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