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onenote

(46,098 posts)
25. As you acknowledge the court is writing longer opinions. How does that make them lazier?
Tue Feb 14, 2012, 02:48 PM
Feb 2012

As you acknowledge, opinions are lengthy. Indeed, they are much much lengthier than they used to be. In the 1950's the median length of a decision was around 2000 words. In recent years the median length of the majority opinion alone is more than twice that -- over 4700 words. And there are a lot more dissents and concurring opinions than in the past. The median length of a decision (majority and all separate opinions) in 2009 was over 8200 words. So yes, the court is hearing fewer oral arguments and issuing full court decisions in fewer cases than back in the 60's. And yes, I agree that it would be better if the court didn't have such lengthy opinions or as many dissents or concurrences and instead decided more cases. But its hard to argue that they're "lazier" than before given the increased number of opinions and the increased length of those opinions.

Also, the "four month vacation" is something of a misnomer. The court officially convenes in public session on the first Monday of October and adjourns at the end of June. However, it holds at least one conference in September. Which is why it is able, on that first public session date, to issue hundreds of rulings, mostly denials of cert, but also summary rulings reversing or affirming cases without argument, denying or granting motions, etc etc. And its not as if the members of the court show up for that September conference without having spent time reviewing memoranda on and discussing with their clerks the cases that are going to be considered and/or discussed at that conference. And while the court stops hearing oral arguments in April (so that it has time to complete work on those ridiculously long opinions before the end of the session in late June or early July, it continues to meet weekly in public session through the last week of June and has conferences through that period as well. July and August are indeed generally "vacation" months, but as noted, its not as if appeals aren't coming in and being reviewed and summarized by clerks throughout the summer and its not as if the Justices aren't involved in what their clerks are doing throughout that period. Indeed, orders granting or denying stays, and other procedural motions are issued by the court or individual justices all through July and August.

Finally, to varying degrees, the Justices also spend time giving speeches and lectures to law schools, bar associations, etc. For example, despite her bouts with cancer, Ruth Bader Ginsburg has given, on average, one lecture/speech per month every year for the past six years. These only include appearances that involve travel away from DC for which she is reimbursed, not local appearances. These appearances occurred both during the court's October - June "session" and outside the bounds of that session. From my perspective, which you may or may not share, giving speeches and lectures, even when you can't be paid for them (which is typically the case for SCOTUS Justices) is not "vacation" time.

In short, I think you are mistaken if you think being a Supreme Court justice is an easy job or that justices are "lazy." These folks didn't get to where they are by being slackers and they don't become slackers when they reach the court.




Recommendations

0 members have recommended this reply (displayed in chronological order):

How awful... CaliforniaPeggy Feb 2012 #1
I got robbed at gunpoint in Barbados. It is really bad news down there nowdays. CAPHAVOC Feb 2012 #2
It must be. I was there in the '80s and never felt safer. RebelOne Feb 2012 #5
It is awful. CAPHAVOC Feb 2012 #19
Why are Supreme Court Justices on vacation in February? former9thward Feb 2012 #3
The Supreme Court only hears arguments and holds conferences during part of each month onenote Feb 2012 #16
Yes, they are all so hard workers. former9thward Feb 2012 #20
Did you just pull those numbers from thin air? onenote Feb 2012 #21
My law school had plenty of SC reporters. former9thward Feb 2012 #24
As you acknowledge the court is writing longer opinions. How does that make them lazier? onenote Feb 2012 #25
When I say "very lazy" I am referring to the institution not individual Justices. former9thward Feb 2012 #27
I absolutely agree with you about the length of opinions and the lack of clarity onenote Feb 2012 #28
Jesus. That's fucked up. Warren DeMontague Feb 2012 #4
I smell Rove. Dreamer Tatum Feb 2012 #6
Yep. It's all some sort of conspiracy Bluzmann57 Feb 2012 #8
Sometimes, you don't want to trust your credit card number to smaller vendors in foreign countries. Ian David Feb 2012 #9
The article doesn't say it was all his money. morningfog Feb 2012 #11
It said that Breyer was there with his wife and guests. onenote Feb 2012 #17
How do you know it isn't? nt Dreamer Tatum Feb 2012 #22
I don't Bluzmann57 Feb 2012 #29
It's ok to carry $1,000 in cash... Ter Feb 2012 #26
I would have assumed that Justices had better security. Bosso 63 Feb 2012 #7
Sounds like karma to me. Look at this: dixiegrrrrl Feb 2012 #10
Really? ellisonz Feb 2012 #15
The West Indies is covered by the US Constitution? n/t brentspeak Feb 2012 #18
Maybe the guy wielding the machete thought all americans have offshore accounts. sarcasmo Feb 2012 #12
So having a home in Sanibel would be so bad? Peregrine Took Feb 2012 #13
+1. nt SammyWinstonJack Feb 2012 #14
If that thief could get in so easily, how about someone determined to kill him? riderinthestorm Feb 2012 #23
Must not have had a high enough fence notadmblnd Feb 2012 #30
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