The Interpenetration of Narrow Construction and Policy: Mr. Justice Stevens' Circuit Opinions

Considered in isolation, opinions present a severely fragmented view of the Justice's personal approach to decisionmaking. A myriad of factors constricts the expression of individual beliefs on the bench: the quality of the bar which shapes the issues, a collegial court which requires the accommodation of other judgments, the advocatory nature of an opinion, the inability to articulate the reasons for a decision, and the avoidance of personal statements. Within these restrictions, this Comment will examine Justice Stevens' approach to documentary construction and discern his attitudes toward constitutional decisionmaking.