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Supreme Court — Part 23

55 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 55 pages OCR'd
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© foe Th Feo THERE GE oe Tarp ceane 7 MT ae, oy peo a {ver | achievement ‘in thelr soine added power on ie sont, ‘judicial work second only to that Here's how it works: + _ of Marshall.” . The court meets on Fridays to In modern times many consider . discuss casea on which {t is ready some of the most .{nflueritial to decide, The Chief Justice pre- - “justices (excluding present mem-. sents each case and says what- . bers) to have been associates— ever he has to say about #. Then such men as Justices Holmes, the senior associate justice takes | Brandeis and Jackson. - + + over, and so on down the line to. ' Does Earl Warren belong. in the most junior justice. Appar-. this select category of internally . ently the discussion may become influential justices? The complete more or less general at any point, - answer is is known ouly to. the court but each justice in turn has an- itse' «7 3' opportunity to air his views. . ; However, no member of the When the discussion is cone . current court at the time of his. cluded the court votes, beginning appointment had a more remote with the junior justice and back * legal background than Mr. Wat-. up the line, ending with the Chief ren. So far as legal scholarship Jystice. . . ¢ 4 is concerned the Chief Justice has If the chief justice is a member’ “yet to receive wide acclaim from of’ the majority, he tlecides who his profession. In fact, law- |enatt write the opinion. He may, yers have taken Mr. WarreD Jassign it to himself or to the jus- to task for his “social” approach tice of his choice, If the Chief” have referred to his “emotional pority, the senior associate justi¢e opinion” on the recent Watkins in the majority group assigns the - _ Cae. “4° writing of the opinion. = ~~ *" Moreover, the acknowledged Any minority member who des | learning, skill and tempérament sires may write. a dissenting | of such “old hands” on the Court opinion. And any member of the as Justices Black, Frankfurter and majority who agrees with the ree | Douglas, plus the broader legal { suit of the decision but who ar-" and judicial training of the more | rives at his conclusions by a dif- recently appointed Justices Har- j ferent route may write ‘@ coneur-- ‘lan, Brennan and Whittaker, | ring opinion, : ; makes the propriety of the “War: = The greatest influerice “ecCrte * _ ren” label appear even dimmer, “ing to the ef Justice because Wha Does Influencing? , cf his position doubtless stems ; from his suthority to assign the Some lawyers, in fact, suggest writing of opinions. In iaw, this what they think is a greater | can make 2 jot of difference. The probability—that the Chief Jua- {reasoning behind a decision may | tice, and occasionally some of be as crucial to future cases as the ‘the newer court members,’may specific holding or result, ~~ have been taken into the Black--- Mr, Warren, it will be noted, Douglas llberal camp. In this’ has assigned himself the writing ‘view, the alleged influence is’ of some of the most difficult and , flowing not from Mr. _ Warren,” far-reaching recent opinions. Still, ‘ but to him. . ” this must be considered a pretty” ‘It is true that administrative _ fragile reason to tag the, present Proveaare si gives. the Chief Justice . court with a “Warreri” tebalmen oe
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