By Pamela C. Corley
While justices write or subscribe to a concurring opinion, they display their personal tastes over important criminal ideas. Concurrences supply a manner for justices to precise their perspectives in regards to the legislations, to have interaction in a discussion of legislation with one another, the criminal group, the general public, and Congress. this significant learn is the 1st systematic exam of the content material of excellent courtroom concurrences. whereas earlier paintings on excellent court docket choice making focuses exclusively at the final result of circumstances, Pamela C. Corley tackles the content material of ultimate court docket concurring evaluations to teach the reasoning at the back of each one justice’s determination. utilizing either qualitative and quantitative equipment of research, Concurring Opinion Writing at the U.S. ideal court docket bargains a wealthy and specified portrait of judicial determination making via learning the method of opinion writing and the formation of criminal doctrine throughout the detailed lens of concurrences.
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Extra resources for Concurring Opinion Writing on the U.S. Supreme Court
10 Of the 3,033 justice observations, 2,646 (87%) joined the majority opinion, whereas 387 (13%) of the observations involved a justice writing or joining a concurrence. Of those 387 observations, 120 (31%) were limiting concurrences, 16 (4%) were reluctant, 53 (14%) expansive, 51 (13%) emphatic, 138 (36%) doctrinal, and 9 (2%) unnecessary. 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.
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.
Additionally, the emphatic concurrence has been described as the safety valve that permits a justice to join with or make possible a majority (Ray 1990). By allowing its author to clarify his or her understanding of the Court’s holding, the emphatic concurrence may in some instances work to create a fragile consensus. If this is true, the emphatic concurrence may be used more often in closely divided cases, such as cases involving minimum winning coalitions. The measure I use for minimum winning coalition is from the Justice-Centered Rehnquist Court Database (Benesh and Spaeth 2003) and is coded 1 if yes, 0 otherwise.