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Judicial Career Patterns and Majority Opinion Assignment on the Supreme Court

NCJ Number
73252
Journal
Journal of Politics Volume: 41 Issue: 2 Dated: (May 1979) Pages: 640-648
Author(s)
E E Slotnick
Date Published
1979
Length
9 pages
Annotation
By an empirical examination of the relationship between opinion assignment workload, seniority, and age, this study determines that the most prolific Supreme Court justices in terms of opinion writing workload are relatively young and inexperienced.
Abstract
The data used in the study include all opinion assignments made by Chief Justices Taft through Burger between 1921 and 1973. A sample of 'important' case opinions is also included in the analysis, since it has been alleged that the workload of junior jurists is not only light, but also relatively unimportant. The phenomenon of case importance is accounted for through the use of several leading public law sourcebooks. If a case is discussed in any two of the multiple sources employed, it is considered to be an important case. Also used in the analysis is the Opinion Assignment Ratio which reveals the percentage of the time that a Justice (or age cohort or experiential level) is in the Court's majority that is assigned the majority opinion. Data analysis reveals that most case opinions will be penned by relatively younger and relatively less experienced justices. In fact, justices rarely serve on the Court until they are very old and/or senior. A general pattern shows a gradual increase in opinion assignment beginning at the time of initiation in the court, speaking in the second-half of the justice's tenure, or around age 50, and then declining, Both the greatest number of opinions and the greatest number of 'important' opinions, therefore, are authored by young judges. Findings, however, are limited because the study examines only the area of opinion writing workload. Footnotes and tabular data are included.

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