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The American Judiciary by LLD Simeon E. Baldwin
page 275 of 388 (70%)
day. In the Supreme Court of the United States this is the
practice, and the number is ten. In some of the States it rises
as high as twenty.

At the first consultation over a case which has been argued, the
Chief Justice (unless a special assignment has been previously
made of it to some particular member of the court) asks the
junior justice his opinion as to the proper disposition to be
made of it, and each justice in turn then gives his, in the
reverse order of seniority. If there is any serious disagreement
the matter is generally allowed to stand over for further
discussion later. At some convenient time after the views of the
various justices have been ascertained the cases are distributed
and, as a rule, equally for the purpose of preparing the
opinions. This distribution is sometimes made by the Chief
Justice and sometimes by agreement, or according to the
arrangement of the docket.

Until the opinion has been finally adopted it is not usual to
announce the decision. Not infrequently the ultimate decision is
made the other way, and a new opinion prepared by the same, or,
if he remains unconvinced that his first one was wrong, by
another judge. Still more often the draft opinion is altered in
material points to meet criticisms and avoid dissent.

Dissenting opinions are comparatively rare, particularly in
courts where there is a Chief Justice with the qualities of a
leader; that is, with ability, learning and tact, each in full
measure.[Footnote: Perhaps tact counts the most, for the Chief
Justice has the advantage of hearing the opinions of all his
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