In preparing my next talk on Bushrod Washington, a new analogy occurred to me. The Marshall Court can be compared to a jury. They operated on a unanimity presumption. They all lived together while they were hearing cases and deliberated over meals. This often resulted in compromise decisions or a decision in which one or more justices compromised by joining a decision even if they were not fully on board. Looks like a jury; an institution that they all knew well.
Posted by Gerard Magliocca on August 22, 2025 at 07:46 AM