Seniority within the Court
Seniority within the Supreme Court refers to an informal system that governs how justices interact and make decisions, particularly in assigning the responsibility of writing the Court's majority opinion. This practice is pivotal in resolving disputes among justices regarding decision-making processes. When the chief justice is part of the majority, they typically either write the opinion themselves or delegate that task to another justice. However, if the chief justice votes with the minority, the justice with the highest seniority among the majority then holds the power to assign the opinion writing.
Additionally, seniority influences discussions during Court conferences, where the chief justice leads the conversation followed by justices in order of their seniority. This hierarchy can also facilitate the formation of voting coalitions among justices. Overall, justices acknowledge and accept the principles of seniority, often awaiting their turn to assume these influential roles within the Court. Understanding this seniority system provides insight into the dynamics of judicial decision-making and the strategic considerations that accompany it.
Subject Terms
Seniority within the Court
Definition: Length of service on the Supreme Court, based on the number of years of continuous service. The chief justice, however, is first in seniority regardless of the length of service.
Significance: Seniority grants both privilege and power, conferring increased opportunities to assign the writing of opinions and the right to speak before more junior members.
Seniority on the Supreme Court is an informal arrangement that helps resolve major disputes among justices concerning decision-making procedures. The most important aspect of seniority within the Court concerns the power to assign the main author for the Court’s majority opinion. Historically, if the chief justice votes with the majority position, he or she can write the opinion for the Court or assign a justice to write it. When the chief justice is in the minority, the associate justice with the most seniority who voted with the majority has the power to assign the writing of the opinion. Justices’ power to assign opinions on cases increases with seniority.
Seniority also applies in Court conferences in which the justices discuss cases previously argued. In a practice established under Chief Justice Warren Burger, during conferences, the chief justice is the first to offer a discussion of each case and propose a vote for it. The other justices follow in descending order of seniority. Court members may use seniority and opinion assignment to form voting coalitions. Justices consent to seniority practices and wait to become a senior associate justice to take advantage of them.