"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

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***

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.

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)

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.

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

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