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affirmative action analysis announced appeal appointed asked assignment associate justice attitudinal model attorney behavior bench Brandeis briefs Bush certiorari chapter Chief Justice Rehnquist circuit court claims Clarence Thomas Clinton colleagues concluded conference confirmation Congress conservative Constitution Court's decision decided decision-making defendants described discussion dissent Douglas draft Earl Warren election example experts federal judges Felix Frankfurter Florida Supreme Court Fortas Frankfurter goals Gore grant certiorari Harlan ideological individual influence issue judicial Justice Blackmun Justice Brennan Justice Breyer Justice Ginsburg Justice Kennedy Justice O'Connor Justice Scalia Justice Stevens Justice Thomas justice's law clerks leader liberal lower court majority opinion Marshall minority Miranda Murphy nomination noted oral arguments outcome percent petitions political position predicted President questions reflected response ruled Sandra Day O'Connor Senate Souter statistical model Supreme Court justices term tices tion unanimous votes Warren Burger Whittaker William Rehnquist writing wrote