# How seriously do justices like Ginsburg and Thomas consider "the opposing side's" arguments?

**URL:** <https://boards.straightdope.com/t/how-seriously-do-justices-like-ginsburg-and-thomas-consider-the-opposing-sides-arguments/833212>\
**Category:** Politics & Elections\
**Created:** [April 29, 2019, 7:24am UTC](https://boards.straightdope.com/t/how-seriously-do-justices-like-ginsburg-and-thomas-consider-the-opposing-sides-arguments/833212 "2019-04-29T07:24:19Z")\
**Posts on this page:** 2\
**Page:** 3

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**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\
**Post date:** [May 3, 2019, 1:38am UTC](https://boards.straightdope.com/t/how-seriously-do-justices-like-ginsburg-and-thomas-consider-the-opposing-sides-arguments/833212/41 "2019-05-03T01:38:02Z")

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> [@Velocity](#):
>
> I realize this is impossible to answer since it requires mind-reading, but on an obviously partisan issue - say, whether \*Roe v. Wade \*should be overturned or not - does an obviously liberal justice such as Ginsburg ever give any moment of consideration of voting for the conservative outcome, or is it just a matter of her mentally humming and **trying not to appear bored and waiting several weeks for vote time to cast her vote** to uphold _Roe_?  
> (Ditto for a conservative like Thomas on any SCOTUS case with an obviously-conservative outcome to vote for - does he ever for one moment consider voting liberal?)

AAUI, it does not quite work like that. The justices sit around a table together and discuss the points of a given case. They do not “cast a ballot” in the sense we are familiar with. They reach a majority decision, kind of similar to how a jury works. Then one or more justices write a majority decision that explains their reasoning, while there is often/usually a dissenting opinion written as well.

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [May 3, 2019, 4:08am UTC](https://boards.straightdope.com/t/how-seriously-do-justices-like-ginsburg-and-thomas-consider-the-opposing-sides-arguments/833212/42 "2019-05-03T04:08:03Z")

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> [@Chronos](#):
>
> “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

That’s really quite a stretch, then, to say that strict constructionism is “explicitly prohibited.” :dubious:

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