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Friday, August 16, 2024

It should be constitutional

In answer to Gerard's question: Suzanna Sherry proposed a system in which the Court issues one per curiam majority opinion, without names or counts. She defends constitutionality by arguing, in essence, that Congress cannot dictate or influence resolution of a case but can control how the Court communicates its decision. I think her argument would support the choice of who communicates the decision for the Court as well as how the Court presents that decision.

Posted by Howard Wasserman on August 16, 2024 at 11:23 AM in Constitutional thoughts, Howard Wasserman, Judicial Process, Law and Politics | Permalink

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