Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow.
So that's the dissenter's hope: that they are writing not for today but for tomorrow.
My own view, and I've said this many times, is as long as I can do the work full steam, I will stay on the Court. But when I feel myself slipping, when I slow down in my ability to write opinions with fair dispatch, when I forget the names of cases that I once could recite at the drop of a hat, I will know it is time for me to go.
One aspect of appellate judging is we have to give reasons for all of our decisions. And when you sit down and try to write it out, sometimes you find that your first judgment wasn't the right one.
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