The Tenth Justice? Consequences of Politicization in the Solicitor General's Office
In: The journal of politics: JOP, Band 71, Heft 1, S. 224-237
ISSN: 1468-2508
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In: The journal of politics: JOP, Band 71, Heft 1, S. 224-237
ISSN: 1468-2508
In: APSA 2009 Toronto Meeting Paper
SSRN
Working paper
In: The journal of politics: JOP, Band 71, Heft 1, S. 224-237
ISSN: 0022-3816
In: Political science research and methods: PSRM, Band 10, Heft 4, S. 831-839
ISSN: 2049-8489
AbstractA growing body of empirical research shows an association between public support for the US Supreme Court and both judicial independence and congressional court curbing activity. At the same time, studies of jurisdiction stripping show Congress' efforts to limit federal courts' jurisdiction are principally related to courts' workloads rather than ideological differences between courts and Congress. Here, the authors connect these streams of inquiry by testing the hypothesis of a negative relationship between public support for the Supreme Court and jurisdiction-stripping legislation. Contrary to prior studies, the authors find a positive relationship between Americans' confidence in the Supreme Court and jurisdiction stripping. This result indicates the need for additional research on the interactions among public opinion, federal courts, and Congress.
SSRN
Working paper
In: American politics research, Band 45, Heft 6, S. 1003-1031
ISSN: 1552-3373
Whether public opinion influences federal judges is a question that has long motivated—but often eluded—scholars. In this article, we examine two related questions: First, whether federal circuit court judges respond to circuit-level public opinion and, second, whether judges with extensive past elected political experience are even more responsive. The data show that circuit judges indeed respond to public opinion. The results also suggest that judges with greater past elected political experience may be more responsive. The results have implications for democratic control of the unelected judiciary, and suggest that appointing judges with electoral experience could, for better or worse, lead to a more majoritarian judiciary.
In: The journal of politics: JOP, Band 75, Heft 4, S. 1089-1107
ISSN: 1468-2508
In: The journal of politics: JOP, Band 75, Heft 4, S. 1089-1107
ISSN: 0022-3816
SSRN
Working paper
In: The journal of politics: JOP, Band 72, Heft 4, S. 939-956
ISSN: 1468-2508
In: The journal of politics: JOP, Band 72, Heft 4, S. 939-957
ISSN: 0022-3816
In: New political science: official journal of the New Political Science Caucus with APSA, Band 45, Heft 2, S. 335-358
ISSN: 1469-9931
SSRN
SSRN
In: Political research quarterly: PRQ ; official journal of the Western Political Science Association and other associations, Band 74, Heft 4, S. 779-794
ISSN: 1938-274X
Knowing where legal complaints arise can tell us something about them and reveal clues about their conditions of origin. In this paper, we examine the geographic origins of litigation challenging the boundaries of electoral districts—an increasingly salient and prominent source of political conflict. We construct an original dataset of all redistricting cases in state and federal courts nationwide, from 1960 to 2019. We show that redistricting litigation surfaces not just in states where there are regions undergoing rapid population change or that have a greater proportion of aggrieved racial minority groups but also in areas where there is close partisan competition. The filing of redistricting litigation is highly responsive to hypercompetitive political environments, suggesting that parties pursue judicial intervention vigorously when political power hangs in the balance and not simply due to demographic changes associated with decennial population measurement. These findings have important implications for understanding the temporal and spatial dynamics of redistricting politics and the consequences of intense partisan electoral competition in the United States.