Crafting Law on the Supreme Court: The Collegial Game

Maltzman, Forrest

ISBN 10: 0521783941 / ISBN 13: 9780521783941

Published by Cambridge University Press, 2009

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Synopsis:

Supreme Court decisions stem largely from the political nature of the opinion writing process.

Product Description: Material is gleaned from internal memos circulated among justices on the Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are policy-seeking justices who are constrained by the choices made by the other justices. By strategically using threats, signals, and persuasion, justices attempt to influence the behavior of their colleagues on the bench. Evidence derived from the recently released papers of justices Brennan, Douglas, Marshall, and Powell is used to test the authors' theory of opinion writing. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.

Bibliographic Details

Title: Crafting Law on the Supreme Court: The ...
Publisher: Cambridge University Press
Publication Date: 2009
Binding: Paperback
Condition: Good