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Oral Arguments Before the Supreme CourtAn Empirical Approach$
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Lawrence Wrightsman

Print publication date: 2008

Print ISBN-13: 9780195368628

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195368628.001.0001

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Justices’ Views on the Significance of Oral Arguments

Justices’ Views on the Significance of Oral Arguments

Chapter:
(p.25) 2 Justices’ Views on the Significance of Oral Arguments
Source:
Oral Arguments Before the Supreme Court
Author(s):

Lawrence S. Wrightsman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195368628.003.0002

Justices differ on whether the oral arguments affect their decisions on cases. Both Justice William Brennan and Chief Justice William Rehnquist observed that, on occasion, the oral argument changed their minds. But Justice Clarence Thomas believes that most justices have made up their minds before hearing these arguments. This chapter relates the role of the oral arguments to different theories about how justices decide cases.

Keywords:   The legal model, The attitudinal model, Recusal by justices, Ideological values of justices, Strategic decision making

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