Supreme Court conference discussions rarely change justices’ pre-formed views

Evidence

These deliberations have little of the sharp give-and-take found in legislative debate. In fact, according to Chief Justice Rehnquist, there was surprisingly little interplay among the justices at conference, and Justice William Douglas observed that conference discussions rarely changed a justice’s view of the case. This may reflect the format for discussion: Allowing each justice to express his or her views without interruption is hardly conducive to lively debate. — G. Alan Tarr, Judicial Process and Judicial…, 1562

Categorization

• DEEPTHINKING: Challenges the assumption that collective deliberation shapes outcomes, implying decisions are made before conference and conference is ratification.
• XREF: Connects to the idea that a justice’s mind is often made up before oral argument (location 1560). — connects to: Judicial independence lets appointed justices shed partisanship and change their views — G. Alan Tarr, Judicial Process and Judicial…, 539; Supreme Court conference discussions rarely change justices’ votes. — G. Alan Tarr, Judicial Process and Judicial…, 941; Conference votes are tentative and can change before the decision is announced — G. Alan Tarr, Judicial Process and Judicial…, 946 (+3 more)

Broader Connections

• Conference discussion rarely changes a justice’s vote because format discourages interchange #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1562
• Supreme Court justices change their conference votes nine percent of the time #contradicts (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1571
• Sitting justices rarely change views, so screening nominees works #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 540