VIEWPOINT | The Supreme Court at work: 'Sword Dancing,' opinion assignment and writing

Guest column by David Adler, The Alturas Institute

The U.S. Supreme Court writes opinions to explain and justify to the American people the decisions it reaches in cases it hears and resolves in conference. The explanation of the Court’s interpretations of statutes, constitutional provisions, precedents and, ultimately, its results, is critical to the partnership between the judiciary and the citizenry, one that hinges on the public’s trust in the Court’s rationales and exercise of awesome power over the life of the nation. In a constitutional democracy grounded in reason and persuasion, the High Bench has an obligation to satisfactorily explain its decisions to avoid charges of arbitrariness. 

Chief Justice Hughes observed that “there is no better precaution against judicial mistakes than the setting out accurately and adequately of the material facts as well as the points to be decided.” He added that all who have written judicial opinions know, writing sharpens thinking and occasionally exposes weaknesses and flaws in an argument that was ill conceived. “As judges say, some opinions just won’t write.”

VIEWPOINT | Wanted: Citbank artifacts