As Supreme Court decisions grow sharper, study examines justices’ concessions
A new study from UMass Amherst researchers suggests that Supreme Court justices use strategic concessions in their dissenting and concurring opinions to maintain influence. By analyzing decades of data, the researchers found that justices often acknowledge majority arguments to build consensus or preserve their standing.
Recent U.S. Supreme Court terms have seen justices openly accuse one another of rewriting statutes, ignoring precedent and substituting policy preferences for law. Whether in disputes over presidential immunity, administrative power, nationwide injunctions or transgender rights, justices have demonstrated that they aren’t afraid to challenge one another’s reasoning.
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