But then Roberts caught himself and told his interviewer, legal-writing expert Bryan Garner, that that wasn't really true. "I'm sure that it's harder to write shorter and crisper than it is to write long and dull," Roberts said in a 2007 exchange recently published in a law journal. The Supreme Court has entered the season of the long opinion. June is finals month of the annual term, when the nine justices finish the toughest cases that have been pending since early fall — including, this term, a dispute over California's ban on the sale of violent video games to minors.
"It certainly is a nerve-racking time," says Washington lawyer John Elwood, a former law clerk to Justice Anthony Kennedy and now in private practice, often at the high court. "In some cases, a justice might be writing an opinion and still not have a majority. In some cases, the justices are just having footnote wars." That's one version of a tit-for-tat that can delay a case, as draft opinions are circulated, and justices on opposing sides simply cannot stop responding to the other's arguments.
The longer a case has been awaiting resolution, the longer the decision is likely to be, and the greater the number of justices weighing in with dissenting or concurring statements. One case handed down on the last day of the last term, involving gun-owner rights, ran for more than 200 pages over five separate opinions. A total of 23 cases are scheduled to be resolved over the next three weeks. Since the 2010-11 session began last fall, 53 signed decisions have already been issued.
Each week of oral arguments, held October through April, the justices vote in a private session on the cases heard. The most senior justice in the majority assigns the opinion for the court, and the most senior on the dissenting side assigns that opinion. Anyone can write a concurring opinion or a separate dissent. The process usually goes smoothly, but June is different. Justices struggle with the cases heard recently in spring, as well as older ones from fall and winter that defied swift resolution.
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