Bargaining and Opinion Assignment on the US Supreme Court 301

We formulate a new game-theoretic model of bargaining on the US Supreme Court. In the model, a degree of monopoly power over policy endogenously accrues to the assigned writer despite an ‘‘open rule’ ’ permitting other justices to make counteroffers. We assume justices are motivated ultimately by a con-cern for judicial policy, but that the policy impact of an opinion depends partly on its persuasiveness, clarity, and craftsmanship—its legal quality. The effort cost of producing a high-quality opinion creates a wedge that the assignee can ex-ploit to move an opinion from the median without provoking a winning counter-offer. We use this bargaining model as the foundation for a formal analysis of opinion assignment. Both the bargaining and opinion assignment models dis-play rich and tractable comparative statics, allowing them to explain well-known empirical regularities, as well as to generate new propositions, all within a unified and internally consistent framework. 1