By Pamela C. Corley
While justices write or sign up for a concurring opinion, they display their personal tastes over great criminal principles. Concurrences supply a fashion for justices to specific their perspectives concerning the legislations, to interact in a discussion of legislations with one another, the criminal neighborhood, the general public, and Congress. this significant research is the 1st systematic exam of the content material of ideally suited courtroom concurrences. whereas earlier paintings on superb courtroom determination making focuses exclusively at the end result of circumstances, Pamela C. Corley tackles the content material of excellent court docket concurring critiques to teach the reasoning at the back of each one justice’s choice. utilizing either qualitative and quantitative tools of research, Concurring Opinion Writing at the U.S. superb court docket bargains a wealthy and unique portrait of judicial selection making by way of learning the method of opinion writing and the formation of felony doctrine during the special lens of concurrences.
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Extra info for Concurring Opinion Writing on the U.S. Supreme Court
Although a majority of the concurrences are expressing disagreement in some fashion with the majority opinion, more than 25 percent of the concurrences are quite supportive of the majority decision. Thus, treating all concurrences as disagreement masks important differences and variations among the justices’ behavior. 2 (next page) presents the type of concurrence written or joined by each justice. 2, limiting and doctrinal concurrences are used more frequently by a majority of the justices who choose to write or join a concurrence.
1999). Thus, given that limiting, doctrinal, and reluctant concurring opinions do not support the majority opinion, I expect that Rehnquist is less likely to write or join those types of opinions. Furthermore, the unnecessary concurrence, although it does not provide a reason for the disagreement, does not join the majority opinion, merely concurring in the outcome. 8 I coded each observation for Chief Justice Rehnquist as 1, 0 otherwise. Acclimation effects may inﬂuence the type of concurrence the justice chooses to write or join (see Hettinger, Lindquist and Martinek 2003; Wahlbeck, et al.
S. 4.. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. S. Supreme Court if the case overturned precedent or declared a state or federal law unconstitutional. 028. Since a doctrinal concurrence disagrees with the reasoning employed by the majority and also is more likely to be a special concurrence, meaning the justice does not sign on to the majority opinion, the majority opinion writer has great incentive to bargain successfully with the justice in cases involving a minimum winning coalition in order to create binding precedent.
Concurring Opinion Writing on the U.S. Supreme Court by Pamela C. Corley