I’d like to know why we should trust that she is actually the one writing opinions, and not her clerks. What is the law on that?
May I Suggest a Few Revisions?I have no doubt she is able to croak out her opinion from her deathbed -- "My opinion is Screw Conservatives! Viva Liberals!"
How does a Supreme Court justice write an opinion?
With lots and lots of help from their law clerks. While justices are responsible for the substance of their opinions in each case, their clerks usually do the majority of the writing. These clerks follow a code of secrecy about the process of writing each opinion, but we do know how the process generally works. After oral arguments and the initial vote, the senior justice for the majority opinion chooses a judge (who may be himself or another justice) to be responsible for writing the opinion. Unless this judge is Justice Antonin Scalia, who has often taken on the task of writing opinions himself, the judge will then usually select one of his or her clerks to take the first crack at drafting the opinion. The judge will then discuss with the clerk what the opinion should say and may provide a detailed outline or just a few rough notes. Each justice is allowed to have up to four clerksbright young law graduates, usually from Ivy League schools and often in their mid-to-late-20swith the exception of the chief justice, who gets to have five.