Invisible Justice

By: Benjamin G. Shatz
– Daily Journal

“The ordinary appellate path is well-worn: First comes paper pushing (i.e., filing the notice of appeal, record designations, and otherwise ‘perfecting’ the appeal), followed by paper production (i.e., brief writing), then oral argument, and finally the big payoff, the written decision. At oral argument, the justices deciding the case are publicly seen and heard. And in the written decision, the justices are again identified and ‘heard.’ The typical decision names the judges who decided the case and specifies which is the author and which two are merely signing-on. But there are exceptions.”

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