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In Supreme Court deliberations, what happens once a justice is assigned to write the official majority opinion?

A. Law clerks actually write the opinion.
B. Discussion among the justices ceases because the justice writing the opinion rarely seeks input from the rest of the Court.
C. Each justice writes part of the official opinion.
D. The author of the opinion continues to try to persuade other Court members with his or her draft opinion.

Answer :

Final answer:

Once assigned to write the majority opinion, the justice collaborates with other justices in the majority to draft and refine the opinion. The Chief Justice or the most senior justice in the majority typically decides who will write the opinion. The process includes continuous persuasion and discussion to ensure agreement and coherence in the final opinion.


Explanation:

Supreme Court Majority Opinion Process


Once a justice is assigned to write the official majority opinion, several key processes occur:



  1. The Chief Justice's Role: If the Chief Justice is part of the majority, he or she decides who will write the majority opinion. If not, the most senior justice in the majority assumes this role.

  2. Drafting the Opinion: While the assigned justice takes the lead in writing the opinion, that justice often circulates drafts among other justices in the majority to incorporate their views and ensure cohesion in the reasoning.

  3. Persuasion and Consensus: The author of the opinion continues to try to persuade other court members with his or her draft, fostering discussion among the justices to solidify a unified majority stance. This is crucial because the wording of the opinion can influence whether justices maintain their support.


This process underscores the collaborative nature of the Supreme Court's decision-making, emphasizing the importance of legal reasoning and consensus among justices.


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