Professional
writers themselves, Justices spend hours and days of
painstaking work on draft opinions. When an author is
satisfied with a document, it is circulated for the
reaction of colleagues. When these comments come in,
he or she often finds that the work has just begun.
In a rare published comment, Justice Brennan told of
how he once "circulated 10 printed drafts before one
was approved as the Court opinion."At the same time,
dissenters are circulating their own drafts. "It is
a common experience that dissents change votes, even
enough votes to become the majority," Justice Brennan
said.
Special
duties interrupt the routine. Each member of the Court
is Circuit Justice of one or more of the 13 federal
judicial circuits. A Circuit Justice may be called upon
to issue or stay an injunction, to grant bail, to stay
a scheduled execution.
But finally,
when all the revisions and corrections are complete,
a master proof of the opinion is authorized for printing.
On the day of release, final copies go to the Clerk
for safekeeping and to the Reporter of Decisions, Frank
D. Wagner. Both Mr. Wagner and his assistant, Christine
L. Fallon, are lawyers. They write headnotes, called
"syllabus"short analytical summaries of the opinions.