cccd9fdb_brary_of_Economics_and_Liberty__ast_Highlights_HIDE_HIGHLIGHTS
[Time] 34:24
Why are there these problems with deliberation? Judicial finding: When you are on an all-Democrat or all Republican panel, you know how the outcome will turn out so you might as well join in--different incentives. Harmless in some cases, but stakes still aren't zero because dissenting opinions matter. Republicans and Democrats behave similarly when sitting with opponents. Power of social influences. Supreme Court deliberation process--we envision that they independently weigh evidence. But do they deliberate and communicate more than we are aware of? Yes: Conference, deliberative process. Rehnquist and Roberts--different approaches to deliberation. After opinion is circulated there is more give-and-take, both written and oral. No evidence on whether they change each others' minds, though. Should we seclude them? Best to have anonymous points of view stated independently first, before deliberative process. Diversity and strength of will on Supreme Court are both safeguards. Creativity.
Sunstein on Infotopia, Information and Decision-Making | EconTalk | Library of Economics and Liberty