Concurring Opinion Writing on the U.S. Supreme Court by Pamela C. Corley

By Pamela C. Corley

While justices write or subscribe to a concurring opinion, they display their personal tastes over major criminal ideas. Concurrences offer a fashion for justices to specific their perspectives in regards to the legislations, to have interaction in a discussion of legislations with one another, the felony group, the general public, and Congress. this significant research is the 1st systematic exam of the content material of perfect court docket concurrences. whereas prior paintings on very best courtroom determination making focuses exclusively at the final result of instances, Pamela C. Corley tackles the content material of preferrred court docket concurring reviews to teach the reasoning in the back of every one justice’s choice. utilizing either qualitative and quantitative tools of research, Concurring Opinion Writing at the U.S. splendid court docket deals a wealthy and distinct portrait of judicial choice making by way of learning the method of opinion writing and the formation of felony doctrine throughout the certain lens of concurrences.

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By Pamela C. Corley

While justices write or subscribe to a concurring opinion, they display their personal tastes over major criminal ideas. Concurrences offer a fashion for justices to specific their perspectives in regards to the legislations, to have interaction in a discussion of legislations with one another, the felony group, the general public, and Congress. this significant research is the 1st systematic exam of the content material of perfect court docket concurrences. whereas prior paintings on very best courtroom determination making focuses exclusively at the final result of instances, Pamela C. Corley tackles the content material of preferrred court docket concurring reviews to teach the reasoning in the back of every one justice’s choice. utilizing either qualitative and quantitative tools of research, Concurring Opinion Writing at the U.S. splendid court docket deals a wealthy and distinct portrait of judicial choice making by way of learning the method of opinion writing and the formation of felony doctrine throughout the certain lens of concurrences.

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They found that several institutional factors, including citations to previous cases, the number of justices joining the concurrence, and the extent to which the author joins the majority opinion are important predictors of the type of concurrence. However, this study did not address many relevant variables, such as importance of the case. S. Supreme Court the study did address ideology, it did not address any other justice-specific factors. In the next section, I develop an explanatory model to account for why a justice joins or writes a particular type of concurrence rather than silently joining the majority decision.

S. s. S. Supreme Court if the case overturned precedent or declared a state or federal law unconstitutional. 028. Since a doctrinal concurrence disagrees with the reasoning employed by the majority and also is more likely to be a special concurrence, meaning the justice does not sign on to the majority opinion, the majority opinion writer has great incentive to bargain successfully with the justice in cases involving a minimum winning coalition in order to create binding precedent. 005 and he is much less likely to write or join a limiting concurrence, with the predicted probability decreasing by more than 50 percent.

Thus, treating all concurrences as disagreement masks important differences and variations among the justices’ behavior. 2 (next page) presents the type of concurrence written or joined by each justice. 2, limiting and doctrinal concurrences are used more frequently by a majority of the justices who choose to write or join a concurrence. Thus, it appears that the concurrence is mostly used as a way to contract and limit the reach of the majority opinion or used as a “right result, wrong reason” device.

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