What was X?

Robert Justin Lipkin RJLipkin at AOL.COM
Thu Apr 19 09:45:26 PDT 2001


       When the Court followed the practice of writing seriatim opinions
what, if anything, occupied the conceptual space that "the opinion of the
Court" now occupies? Alternatively, what was the conceptual equivalency, if
anything, of our contemporary practice of "following the Court's opinion"?
Presumably, the judiciary applied or interpreted "the law," right?  What, if
anything, was the Court's X that now can be replaced on in different contexts
with "opinion," "judgment," and "decision"? Additionally, how did the broader
constitutional and political cultures regard X? Thanks.

Bobby

Robert Justin Lipkin
Profess and H. Albert Young
Fellow in Constitutional Law at
Widener University School of Law,
Delaware
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