Judges use threatened dissenting attacks to bargain, without damaging collegiality

Evidence

If judges may persuade their colleagues to vote with them by the strength of their arguments, they may also threaten to write an opinion attacking the position taken by those who reject their arguments. The effectiveness of this threat generally depends on the judge’s ability to present a persuasive legal argument. … Surprisingly, these attacks rarely interfere with working relationships among the justices. — G. Alan Tarr, Judicial Process and Judicial…, 2622

Categorization

• CANDY: Great elevator fact: Supreme Court justices trade stinging written attacks but remain on good terms personally.
• SEED: Possible piece on dissent as bargaining leverage rather than mere protest.