Document Type

Article

Publication Title

Vanderbilt Law Review

Publication Date

2008

Page Number

1825

Keywords

judicial process, decision making, United States Supreme Court, panels, en banc

Disciplines

Courts | Judges | Law | Supreme Court of the United States

Abstract

In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect of different Court outcomes, we demonstrate empirically in this Essay that the vast majority of cases decided during the late twentieth and early twenty-first centuries--including "Grutter", "Roe", and "Bush v. Gore" --would have come out the same way if the Court had decided them in panels rather than as a full Court.

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