Constitutional Law in 1944–45: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1944

Robert E. Cushman

American Political Science Review, 1946, vol. 40, issue 2, 231-255

Abstract: The membership of the Supreme Court did not change during the 1944 term, but Mr. Justice Roberts resigned in July after the term had ended. Divisions in the Court were as numerous and as difficult to classify as before. Four justices dissented in twenty-seven cases, while three justices dissented in sixteen cases. The Court seems to be moving toward the old practice of the pre-Marshall period by which the justices wrote seriatim opinions. There is a depressing increase in the number of cases in which three, four, and even five justices feel impelled to write separate opinions.

Date: 1946
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