|
|
Article: Plurality decisions in the Supreme Court of the United States: a reexamination of the Marks doctrine after Rapanos v. United States.
- Article from:
- Suffolk University Law Review
- Article date:
- December 22, 2007
- Author:
CopyrightCOPYRIGHT 2007 Suffolk University Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
"First thing I want you kids to learn is how to count to five." (1)
I. INTRODUCTION
Although the Supreme Court of the United States almost never has trouble counting to five with respect to the ultimate disposition of a case, (2) the Court often stumbles when attempting to agree on the appropriate rationale. (3) If not resolved, this disagreement will lead to the Court's announcing a plurality decision. (4) The Court has handed down a steadily increasing number of plurality decisions throughout its history. (5) Commentators have suggested a number of factors that might account for this increase, including ideological splits among the Justices, (6) an ...