Justices bargain over opinion drafts, trading requested changes for votes to join.
Evidence
Writing opinions is a long and difficult process. Most justices assign their clerks to draft the initial version of opinions, along lines specified by the justice. Once the justice has made whatever changes seem appropriate, the draft opinion is circulated among the justices. Other justices may also circulate concurring and dissenting opinions, seeking support for their views. The justices carefully scrutinize the opinions that are circulated and often return them with requests for changes, sometimes making such changes a condition for joining the opinion. — G. Alan Tarr, Judicial Process and Judicial…, 1568
Categorization
- XREF: Connects to the chapter’s broader theme that judges are strategic policymakers, not merely neutral appliers of law. — connects to: Judicial independence lets appointed justices shed partisanship and change their views — G. Alan Tarr, Judicial Process and Judicial…, 539; Supreme Court law clerks draft opinions under close supervision — G. Alan Tarr, Judicial Process and Judicial…, 905; Judicial ethics bar justices from trading votes as legislators do. — G. Alan Tarr, Judicial Process and Judicial…, 943 (+4 more)
Broader Connections
- Opinion assignment shifts to the senior majority justice when the chief justice dissents.
#complicates(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1567 - Judicial ethics and independence prevent justices from trading votes or applying pressure
#contradicts(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1563 - Lower court judges shaped by local politics can blunt a Supreme Court mandate.
#complicates(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1545