Supreme Ct. 10-16

Supreme Ct. 10-16 - In what ways can collegiality affect...

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In what ways can collegiality affect the Court? o Opinion content How do members of the majority respond? 1) Wait—some times justices will opt to wait and see what happens: occurs in 13% of cases Ex) Justice Blackmun to Justice Marshall in Waridus v. Oregon (1973) Sent a note to Marshall that said he would wait for any dissent that may be forthcoming—reflects that he could change his vote/majority is fragile 2) Suggestion—sometimes a justice will make a suggestion for a change to the decision Ex) Justice Rehnquist to Justice Blackmun in Ruckeshaus v. Monsanto Co. (1984) Said that he felt the opinion was excellent, but he was troubled by a few points 3) Threat—sometimes they will be more direct, saying that if the changes are not made then they will lose their vote Ex) Justice O’Connor to Justice White in US v. Karo (1984) Said that if White didn’t make the change, then she would likely not join. Said that she needs him to make the change for her to be pleased to join. Support is conditional on him making the change. 4) Opinion memoranda—sometimes they will say that they will write an opinion expressing their own views—Occurs in 18% of cases
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This note was uploaded on 09/22/2008 for the course POLO 202 taught by Professor Mcguire during the Spring '08 term at UNC.

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Supreme Ct. 10-16 - In what ways can collegiality affect...

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