Framing the issues in oral argument gives the chief justice a leadership advantage.
Evidence
If the chief justice is also the intellectual leader of the Court, then his power to frame the issuesāand thereby direct the course of debateācan give him some advantage. An associate justice also may exhibit the intellectual acuity and force of personality necessary for leadership on the Court, as Justice William Brennan did during the 1960s and 1970s. ⦠Intellectual leadership on the Court is most likely to manifest itself in the opinions written by the justices. ā G. Alan Tarr, Judicial Process and Judicialā¦, 1564
Categorization
- XREF: Connects to the course theme that legal actors shape doctrine through interpretation, not just voting. ā connects to: Oral argument functions as sustained judicial questioning that tests an attorneyās legal position ā G. Alan Tarr, Judicial Process and Judicialā¦, 1550; Oral argument functions as the justicesā focused interrogation, not a set speech ā G. Alan Tarr, Judicial Process and Judicialā¦, 1550; Repeated declarative assertions accumulate authority for the speaker. (+1 more)
- DEFINE: Illustrates what āintellectual leadershipā on a multimember court actually consists of.
Broader Connections
- Repeated declarative assertions accumulate authority for the speaker.
#corroborates(1.00) - Oral argument functions as sustained judicial questioning that tests an attorneyās legal position
#complicates(0.85) ā G. Alan Tarr, Judicial Process and Judicialā¦, 1550 - Oral argument functions as the justicesā focused interrogation, not a set speech
#complicates(0.85) ā G. Alan Tarr, Judicial Process and Judicialā¦, 1550 - Hallās public rhetoric could crystallize a debateās key issues on the spot.
#qualifies(0.85)