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Supreme Court — Part 23
Page 16
16 / 55
©
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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