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Vanderbilt University Law School

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2008

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Full-Text Articles in Law

"The Threes": Re-Imaging Supreme Court Decisionmaking, Chris Guthrie, Tracey E. George Jan 2008

"The Threes": Re-Imaging Supreme Court Decisionmaking, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect of different Court outcomes, we demonstrate empirically in this Essay that the vast majority of cases decided during the late twentieth and early twenty-first centuries--including "Grutter", "Roe", and "Bush v. Gore" --would have come out the same way if the Court had decided them in panels rather than as a full Court.