"The Influence of the Chief Justice in the Decisional Process," Danelski AND "Marshalling the Court: Bargaining and Accommodation on the United States Supreme Court," Wahlbeck, Maltzman, and Spriggs

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Last updated 2:38 PM on 2/25/26
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6 Terms

1
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According to Danelski, what are the factors that affect whether a Chief Justice has influence on the Court?

  • Personal Prestige and Leadership Skills: well-liked meant you had influecne

    • A respected Chief Justice can guide discussion and persuade colleagues.

  • Court Composition and Ideological Alignment

    • Influence is stronger when the Chief Justice shares ideology with a majority or when the Court is ideologically divided.

  • Agenda Control

    • Ability to schedule cases, assign opinions, and set priorities can shape outcomes.

  • Case Complexity and Consensus Needs

    • Influence is greater in cases requiring compromise or careful coalition-building.

  • Institutional Knowledge and Experience

    • Long tenure and deep understanding of the Court’s procedures increase persuasive power.

***Dalenski claimed Hughes was most well-liked***

2
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Who was Charles Evans Hughes?

  • Served as Chief Justice during the New Deal era.

  • Known for balancing Court decisions and managing ideological tensions during a politically charged period.

3
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Who was William Howard Taft?

  • Former U.S. President before becoming Chief Justice.

  • Strengthened the administrative role of the Court and advocated for judicial reform. (Judiciary Act of 1925)

4
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Who was Harlan Stone?

  • Prior Associate Justice promoted to Chief Justice.

  • Known for guiding the Court during World War II and promoting consensus among justices.

5
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What are the powers of the Chief Justice?

  • assign opinion (if in the majority)

  • speaks first in conference

  • controls time and who speaks during oral arguments

  • directs questions during OA

  • decides when to announce opinion

  • gives ruling to the public

6
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What strategic and non-strategic factors affect the number of drafts of majority opinions?

strategic:

  1. Coalition-Building

  2. Compromise and Bargaining

  3. Unanimity Goals

  4. Chief Justice Leadership

  5. Case Importance / Visibility

  6. Ideological Differences

  7. Anticipation of Future Cases

  8. Strategic Timing / Court Schedule

non-strategic:

  1. workload of person writing opinion

  2. time pressure

  3. complexity of legal issue

  4. importance