
Contents
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Introduction Introduction
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Collegiality and Institutional Context Collegiality and Institutional Context
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Historical Accounts Regarding the Operation and Importance of Collegiality Historical Accounts Regarding the Operation and Importance of Collegiality
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Interview Evidence Regarding the Operation and Importance of Collegiality Interview Evidence Regarding the Operation and Importance of Collegiality
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Institutional Differences Institutional Differences
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Clerk Professionalization and Socialization and the Importance of Collegiality Clerk Professionalization and Socialization and the Importance of Collegiality
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Contact and Relationships among Clerks and Justices Contact and Relationships among Clerks and Justices
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Observations about Justices, Their Interactions, and Collegiality Observations about Justices, Their Interactions, and Collegiality
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Contact and Collegiality Contact and Collegiality
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The Consequences of Collegiality The Consequences of Collegiality
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Data and Research Design Data and Research Design
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Results Results
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Descriptive Statistics Descriptive Statistics
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Multivariate Research Multivariate Research
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Conclusions Conclusions
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Appendix 5.A: Interview Results Appendix 5.A: Interview Results
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Collegiality among Clerks Collegiality among Clerks
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Clerks as Conduits Clerks as Conduits
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Appendix 5.B: Summary Statistics Appendix 5.B: Summary Statistics
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Appendix 5.C: Regression Results Appendix 5.C: Regression Results
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5 The Supreme Court: From the Boarding House to the Marble Temple
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Published:June 2023
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Abstract
This chapter investigates collegiality’s effects on judicial decision-making at the top of the judicial hierarchy—the U.S. Supreme Court. It combines historical and contemporary examples of the importance of collegiality on the high court, unique interview evidence from former U.S. Supreme Court clerks, and a statistical model of Supreme Court cases from 1955 to 2009 to understand how social interactions among the justices explain ebbs and flows in the Court’s level of consensual decision-making over time. This multimethod approach reveals that Supreme Court justices become more likely to agree with one another the longer they serve together. Given the salient and controversial legal issues that come before the justices and an institutional context that makes the Court a challenging venue to uncover the effects of collegiality, the results indicate that interpersonal relationships affect legal outcomes at the highest court in the land.
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