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Breyer sees nothing quick or easy about deciding a case.
Judge Bhat raised the same concerns about the government's role in deciding a case last year.
Deciding a case and then finding the reasoning to get to that conclusion is poor judicial craftsmanship.
The authors recommend that, before summarily deciding a case, "a judge engage in a sort of mental double-check".
"The Supreme Court does not sit in judgment of one of its own members' decision whether to recuse in the course of deciding a case," he wrote.
"Of course, you are deciding a case for a much broader group of litigants, so it ought to be irrelevant, but it's not.
Similar(29)
"Let alone how to decide a case".
"And once the court has decided a case, it is binding precedent".
Even the court's failure to decide a case could seem portentous.
The Trump Presidency will shape the Justices' work even before they decide a case.
"Should the governor be able to call a judge on the Court of Appeals and tell them how to decide a case?
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com