In today’s New York Times, Adam Liptak writes about dissents from the bench. “In a Polarized Court, Getting the Last Word,” Liptak describes a new study that is soon to appear in the Justice System Journal.
“The Brooding Spirit of the Law: Supreme Court Justices Reading Dissents from the Bench” by William Blake and Hans Hacker states that dissenting from the bench “may indicate that bargaining and accommodation have broken down irreparably.”
“There are no comprehensive records of oral dissents, and researchers reviewed audio recordings — many available on the indispensable Oyez Web site — newspaper accounts and other resources to track them down. Jill Duffy, a research librarian at the Supreme Court, and Elizabeth Lambert, a staff lawyer with a Federal District Court in New York, seem to have assembled a complete list going back to 1969 in the winter issue of the Law Library Journal.”
[And, blogged about here some time ago.]