Seniority order in conference gives junior justices little influence over outcomes

Evidence

The chief justice begins the discussion of each case by summarizing the facts and legal arguments and offering his own views on how it should be decided. The senior associate justice then explains his views, and the remaining justices follow in order of seniority. By the time their turns arrive, the most junior justices may have little new to offer other than their votes. When all the justices have spoken, the chief justice tabulates the justices’ votes and announces the Court’s tentative decision. — G. Alan Tarr, Judicial Process and Judicial…, 1561

Categorization

  • XREF: Directly relevant to judicial structure and how the decisional process shapes outcomes for the course. — connects to: Conference discussion rarely changes a justice’s vote because format discourages interchange — G. Alan Tarr, Judicial Process and Judicial…, 1562

Broader Connections