That is why he changed the previous custom by which the Justices, following English practice, would often issue seriatim opinions
when announcing the ruling in a case.
But here, Justice Scalia considers the evolution of the dissenting opinion in the American system, from the seriatim opinions
inherited from Britain to the unanimity of the Marshall Court to modern practice, and the justifications for dissenting opinions in terms of both their internal effects on the Court and external effects on the law.
(19) Most cases were ultimately determined by intermediate appellate courts, including the Exchequer Chamber, the Court of Common Pleas, and the King's Bench, which regularly issued seriatim opinions
that were transcribed by reporters.
of Supreme Court opinions has evolved from the seriatim opinions
(42) In the Court's first decade, the Justices generally delivered seriatim opinions
, rather than producing an opinion for the court as a whole.
(65) He points to the commonplace use of seriatim opinions
in stable countries and suggests that more sincere opinions might increase stability by providing more information about judges.
While Chief Justice Marshall persuaded his colleagues that the Court should abandon its practice of seriatim opinions
and speak with a single voice, (268) Justices started to dissent at increased rates, starting in the 1930s and accelerating in the 1950s.
The practice of publishing dissenting opinions in common law countries originally comes from the tradition of the English courts wherein judges rendered their judgments by individual seriatim opinions
. (78) On rare occurrences, judges consulted together and gave a general opinion but the vast majority were individualized opinions.
1421, 1442-44 (2006) (explaining that Chief Justice Marshall "deliberately departed from the traditional mode of seriatim opinions
" and that "[o]nce firmly established, the single majority opinion survived for the duration of the Marshall Court").
The English judiciary has a tradition of seriatim opinions
to decide a case in which each judge offers his or her own opinion.
(51) Chief Justice Marshall bolstered the Court's authority by eliminating its practice of issuing seriatim opinions
, and instituting a new practice of announcing the Court's judgment in a single opinion of the Court.
power to require the justices to file seriatim opinions
in all cases.