Nine judges speaking separately might nicely agree on the outcome of a case, but they can’t give the kind of specific steerage as to the conduct of future circumstances that may be present in a single opinion speaking for the court docket. Finally, through the time when appeals had been conducted by two-decide panels consisting of the circuit justice flanked by the district decide whose ruling was being appealed produced remarkably few–if any–written rulings. The precedential worth of rulings from such panels was, for obvious reasons, not particularly valuable guidance in future instances.
The Framers have been acquainted with the idea of precedent. [t]he entire idea of simply what precedent entailed was unclear. Decided cases which lay down a rule of regulation are authoritative and have to be adopted. But in very many of the statements of this common rule there are reservations of various kinds . The fundamental principle, … Read More