Federal Court Decisions Supporting Coverage Of Sexual Orientation-associated Discrimination As Sex Discrimination
Our evaluation shows that a few Justices seem to author notably influential opinions. The article examines decisions on affirmative action and concludes that “looking to outcomes rather than opinions leads to the wrong conclusion of what the courtroom ‘did.’” Id. at 266. Friedman compares Justices Rehnquist and Thomas and notes that their votes appear fairly related but “if one reads the choices authored by these Justices, it’s apparent that the two are fairly completely different in ways that have great significance for the legislation.” Id. at 267. Considerable quantitative analysis has been carried out on the outcomes of Supreme Court decisions, however the content of opinions has not been much studied. This is a critical limitation because it’s the opinion—not the mere end result—that is the Court’s salient product.
Identifying crucial cases determined by the Supreme Court is more than an attention-grabbing parlor sport; the process illuminates the perform of the legislation. The Court points scores of opinions yearly, some of which go on to imagine great importance in future years, whereas many others languish in desuetude. For purposes of this Article, we outline importance in authorized terms—opinions with greater authorized importance are extra relevant for deciding legal disputes and thus helping to structure legal outcomes. The courtroom publishes opinions in instances that present each the litigants and the trial courtroom with guidance, create new regulation, or interpret statutes or concepts.
These selections are revealed in print and … Read More