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Law Review: The Last Word

By Alliance Alert

Davies, Ross E., The Last Word (March 7, 2010). Journal of Appellate Practice and Process, Forthcoming; George Mason Law & Economics Research Paper No. 10-15. Available at SSRN: http://ssrn.com/abstract=1566468 "Once in a great while a member of the Supreme Court tries to get the last word. 'Last word,' that is, in an official sense ? a late-breaking opinion issued by a Justice acting as a Justice. Not informal last words such as anonymous stabs at colleagues via the press, or extemporaneous ejaculations from the bench, or post-retirement disclosure of changes of heart. Official, juridical attempts to get the last word come in two forms: (1) the surprise opinion, meaning a separate opinion (a concurrence or dissent) issued by a Justice without reasonable notice to the other Justices, after they have publicly committed themselves to a disposition of the case that does not, of course, account for the late-breaking opinion, and (2) the surprise revision, meaning a Justice?s significant alteration of an opinion after other Justices have publicly committed themselves, presumably at least in part in reliance on the original version."

Full post as published by Constitutionally Correct on March 11, 2010 (boomark / email).