Ideology in the Supreme Court

Ideology in the Supreme Court
Author: Lawrence Baum
Publisher: Princeton University Press
Total Pages: 283
Release: 2020-06-09
Genre: Law
ISBN: 0691204136

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Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

The Judicial Mind

The Judicial Mind
Author: Glendon A. Schubert
Publisher:
Total Pages: 334
Release: 1965
Genre: Political Science
ISBN:

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Influences on the Decisions of the United States Supreme Court

Influences on the Decisions of the United States Supreme Court
Author: Steven Bartomioli
Publisher: GRIN Verlag
Total Pages: 50
Release: 2015-03-05
Genre: Law
ISBN: 3656913269

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Bachelor Thesis from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: -, Norwich University, language: English, abstract: What influences the way the Supreme Court decides a disposition of a case? Using data the Supreme Court Compendium ranging from 1946 to 2009 and varying sources of literature in the field, I developed several hypotheses: (1) On an individual level an increase overtime of the justices’ liberality; (2) the Supreme Court is influenced by public opinion directly or indirectly via Congress; (3) justices will offer opinions consistent with the ideals of their nominating President; and (4) the justices will formulate opinions consistent with that of the Chief Justice. Upon conclusion of my scholarly research and combination of data tables I found that there is a trend of ideology shifting from conservative towards more liberalism. Based upon the influence of the public on Congress I develop a new type of model I appropriately call the Legislative Model; the justices are policy driven. The president tries to nominate individuals with his ideology which shows through, however this can often be trumped by the influence of the Chief Justice on the ideology of individual justices. Based upon the research done for this paper, we can better understand what drives the opinions of the Supreme Court, directly and indirectly.

Law Versus Ideology

Law Versus Ideology
Author: David S. Law
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court's use of a particular interpretive technique - namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed every opinion in every Supreme Court statutory interpretation case from 1953 through 2006 that involved a frequently interpreted federal statute. We also collected original data on the characteristics of each statute, including its age, length, complexity, obscurity, and the number of times that it had been amended. We then used our data on these statutory characteristics - together with information on the ideological tilt of the justices, the case outcomes, and the legislators who enacted the statute - in a logit regression analysis to determine the relative impact of each variable on the likelihood that a justice would cite legislative history in a given opinion. We find overall that the use of legislative history is driven by a combination of legal and ideological factors. On the whole, the legal variables have a significantly larger impact on the likelihood of legislative history usage than the ideological variables, but the impact of the ideological variables cannot be dismissed. Statutes that are longer or more complex increase the likelihood of legislative history usage, whereas frequent amendment of a statute decreases that likelihood. The age of the statute also matters, but its effect is neither linear nor monotonic: very new and very old statutes are more likely to elicit legislative history usage than statutes of intermediate age. Majority opinions are significantly more likely to cite legislative history than dissenting opinions, which are in turn more than twice as likely to cite legislative history as concurring opinions. Our findings also suggest that the use of legislative history by one justice prompts other justices to respond in kind with legislative history arguments of their own. We found no evidence, however, that the Court's adoption in Chevron v. Natural Resources Defense Council of the doctrine that reviewing courts should defer to reasonable agency interpretations affected the overall propensity of the justices to cite legislative history. With respect to the impact of ideological factors, liberal justices are generally more likely than conservative justices to cite legislative history. In addition, the justices are more likely to consult legislative history when they are ideologically sympathetic to the purposes of the enacting Congress. At the same time, however, legislative history usage is not correlated with more ideological decision making. Although the decision to use legislative history is influenced by ideological factors, the actual use of legislative history does not make it more likely that a justice will arrive at his or her ideologically preferred outcome. Moreover, contrary to what some scholars have suggested, we also found no evidence that Justice Scalia has persuaded other justices to refrain from citing legislative history in their own opinions. Rather, the decline in the overall use of legislative history since the mid-1980s reflects a rightward shift in the ideological composition of the Court, as liberal justices who were inclined to cite legislative history have been replaced by conservative justices who are not inclined to do so.

The Oxford Handbook of U.S. Judicial Behavior

The Oxford Handbook of U.S. Judicial Behavior
Author: Lee Epstein
Publisher: Oxford University Press
Total Pages: 625
Release: 2017
Genre: Law
ISBN: 019957989X

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The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.

When Labels Fail

When Labels Fail
Author: C.B. Shotwell
Publisher: Xlibris Corporation
Total Pages: 219
Release: 2006-09-06
Genre: Law
ISBN: 1450081282

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WHEN LABELS FAIL: A PARADOXICAL VIEW OF THE SUPREME COURT As in recent actions of the Supreme Court concerning same sex marriage and the Affordable Care Act, don ́t be surprised when pundits and ideologues fail at predictions regarding pending decisions of the Court. This book explains why so many get it wrong so often. At root cause are erroneous preconceptions about the Court. "I ́m not big on labels" replied retiring Associate Justice John Paul Stevens during an interview concerning changing blocs on the Supreme Court. “I don’t use labels to describe what I do” is how Supreme Court nominee Sonia Sotomayor responded during her confirmation hearing when a senator sought to categorize her judicial philosophy. Simplistic labels for the justices have repeatedly misled Presidents, Senators, lawyers, and pundits with regard to the performance of justices on the Supreme Court. Despite best efforts to predict behavior of nominees for the Court, the justices defied political categorization, such as: • The Virginia lawyer who lost his states’ rights case before the Supreme Court, but went on to support Federalist Party causes as Chief Justice. • The ex-Federalist Party politician and Secretary of the Treasury who as Chief Justice strongly supported states’ rights. • The esteemed Massachusetts justice who outraged the progressive president who nominated him to the Court by voting to strike down key anti-trust legislation. • The co-founder of the American Civil Liberties Union who shocked former colleagues by consistently voting to curtail civil liberties and civil rights in cases before the Court. • The staunch New Deal supporter who over his long tenure on the Court came to favor individual rights and liberties over governmental power. • The former Ku Klux Klan member who helped forge a unanimous Court ruling in the seminal decision against racial segregation. • Appointed by a liberal Democratic president, the justice who steadfastly supported law and order, the right to life, and other conservative causes. • An originalist whose conservative methodology frequently leads to liberal results. This book explores the origin of the separation of powers doctrine, how the Constitution created a judiciary designed to stand apart from the “political” branches of government, and how justices have asserted independence as a third branch of government from John Jay to John Roberts. For more information, go to: www.courtpolitics.weebly.com

Law, Ideology, and Collegiality

Law, Ideology, and Collegiality
Author: Donald R. Songer
Publisher: McGill-Queen's Press - MQUP
Total Pages: 237
Release: 2012
Genre: Law
ISBN: 077353928X

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In a ground-breaking study on the nature of judicial behaviour in the Supreme Court of Canada, Donald Songer, Susan Johnson, C.L. Ostberg, and Matthew Wetstein use three specific research strategies to consider the ways in which justices seek to make decisions grounded in "good law" and to show how these decisions are shaped within a collegial court. The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies,Law, Ideology, and Collegialitypresents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.

The Judicial Tug of War

The Judicial Tug of War
Author: Adam Bonica
Publisher: Cambridge University Press
Total Pages: 335
Release: 2020-12-17
Genre: Law
ISBN: 1108841368

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Presents a novel theory explaining how and why politicians and lawyers politicise courts.

Supreme Court Decision-Making

Supreme Court Decision-Making
Author: Cornell W. Clayton
Publisher: University of Chicago Press
Total Pages: 359
Release: 1999
Genre: Law
ISBN: 0226109550

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What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.