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  • The coming battle for control of the Internet

    LEGAL BRIEF

    Max Oppenheimer

    By Max Stul Oppenheimer, Esq.

    The Supreme Court is not required to explain itself.

    It decides cases by majority vote, and it is up to the justices to decide how much or how little information to provide to explain why they voted the way they did. Typically, there is one opinion explaining the Court’s decision (and, if the decision is not unanimous, a dissenting opinion explaining the disagreement) and an indication of which justices join in the decision. When a justice takes the additional step of writing a separate opinion, it does not change the outcome but does provide valuable information. Not only does it give us insight into nuances of that justice’s view, it also tells us that the justice considers it so important that it is worth the extra work of explaining it.

    Read the full story in the AskWoody Plus Newsletter 18.15.0 (2021-04-26).