Objectives.We examine the conditions under which the Chief Justice of the United States achieves ... more Objectives.We examine the conditions under which the Chief Justice of the United States achieves congressional approval for his requests for institutional reforms to the federal courts. Specifically,we investigate whether legislators are more likely to enact these requests when they are limited in scope and members of Congress are similar ideologically to the chief justice or federal judiciary.Methods.Our analysis uses the chief justice’s Year-End Report on the Federal Judiciary to identify reform proposals requested by the federal judiciary.Results.We find that the likelihood that the federal judiciary achieves reform goals is conditioned by policy scope and ideological congruence with Congress.Conclusions.We conclude that congressional administration of the federal courts is politically strategic.
In this article, we examine participation in floor debates by U.S. House Speakers in the First th... more In this article, we examine participation in floor debates by U.S. House Speakers in the First through Twenty-sixth Congresses (1789–1841). Consistent with the often stated view that Speaker Henry Clay of Kentucky transformed the office of Speaker by using the prerogatives of the office more expansively than other early Speakers, Clay stands out among the Speakers of this period for the frequency and length in which he engaged in House debates. However, we also find that Speakers were regularly participating in floor debates over a decade before Clay held the office and that the five Speakers who succeeded Clay did not regularly participate in debate. Although Clay was not the first Speaker to participate regularly in floor debate, we propose that he transformed the office by effectively using all of the leadership tools available to the Speaker, demonstrating to his House colleagues the benefits of having the Speakership function as the central leadership institution for the chamber.
This study examines the effects of the 1919 introduction of qualified retirement allowing federal... more This study examines the effects of the 1919 introduction of qualified retirement allowing federal judges to retire rather than resign. Retired judges, unlike those who resigned, could perform judicial duties, and their retirement pay could not be diminished. Departures from the U.S. (Circuit) Courts of Appeals from 1892 to 1953 are examined to determine whether the 1919 reform altered how or why judges quit. The effects of political, personal, and institutional factors on departures are analyzed, with their influences expected to vary over time and among types of departures. Political factors are expected to be more influential from 1919 to 1953 as the retirement option made departure more attractive. Quantitative analysis reveals that retirements differed from resignations, and that personal and institutional factors were more influential than political considerations. The results indicate that judges respond to incremental reforms to their duties and benefits when they consider leaving office and, at least before 1954, did not exploit the opportunity to quit strategically.
Objective. This article uses Cox proportional hazards models to explain departures from the U.S. ... more Objective. This article uses Cox proportional hazards models to explain departures from the U.S. Courts of Appeals from 1954–2004. I argue that reforms to pension eligibility and financial incentives in 1984 extended opportunities for voluntary departures and strategic behavior, and that reasons for quitting (whether political, personal, or institutional) differed among types of departures and over time. Methods. The data represent all judge-years from 1954–2004. Both the full period and 1954–1983 and 1984–2004 subperiods are examined. Results. The effects of political factors are limited to partial retirements and suggest judges’ recognition of contentious confirmation politics since the 1980s. Personal and institutional variables dominate outright departures. Conclusions. Explanations for departures from the circuit bench differ both by type and over time. Scholars and policymakers should refine arguments regarding judicial turnover and its causes.
Recent research has advanced scholarly understanding of media coverage of state courts of last re... more Recent research has advanced scholarly understanding of media coverage of state courts of last resort. However, these studies focus on different media outlets and time periods. To determine whether coverage of state supreme court cases varies between media sources, we examine reporting in most-circulated and state-capital newspapers in twenty-four states from 2003 to 2008. Our results demonstrate that the most-circulated newspapers cover nearly twice as many decisions as capital-city newspapers. We also find that although the two types of newspapers devote similar coverage to similar types of cases, the population of cases covered by each type of newspaper differs substantially.
Objective. In this article, we investigate the decision of media in the U.S. states to give high-... more Objective. In this article, we investigate the decision of media in the U.S. states to give high-profile coverage to state supreme court decisions. While research on the U.S. Supreme Court has forged an association between media coverage and the political salience of court decisions, scholars have been unable to examine such coverage in the increasingly important state courts of last resort. Methods. Utilizing new data of high-profile coverage over time in these courts, we examine the extent to which case characteristics, judicial behavior, and institutional variation influence media attention. Our empirical model covers 28,045 state supreme court cases over all 50 states, between the years 1995–1998. Results. Our findings indicate that the likelihood of high-profile coverage increases when certain case characteristics, particularly declarations of unconstitutionality, are present, in addition to dissent within a court. Despite the importance of institutional differences among state supreme courts, front-page coverage is not affected by this variation. Conclusions. In our conclusions, we evaluate those scenarios in which high-profile media coverage is more likely for state supreme court cases, and the possible implications this may have for judicial politics.
There is wide scholarly agreement that the frequent replacement of justices has kept the Supreme ... more There is wide scholarly agreement that the frequent replacement of justices has kept the Supreme Court generally attuned to public opinion. Recent research indicates that, in addition to this indirect effect, Supreme Court justices respond directly to changes in public opinion. We explore the two causal pathways suggested to link public opinion directly to the behavior of justices and the implications of the nature and strength of these linkages for current debates concerning Supreme Court tenure. The recent increase in the stability of Court membership has raised questions about the continued efficacy of the replacement mechanism and renewed debates over mechanisms to limit judicial tenure. Our analysis provides little evidence that justices respond strategically to public opinion but provides partial support for the idea that justices’ preferences shift in response to the same social forces that shape the opinions of the general public. Our analysis offers preliminary evidence that—even in the absence of membership change—public opinion may provide a mechanism by which the preferences of the Court can be aligned with those of the public.
Scholars recognize that both citizens and elites may alter their behavior in response to salient ... more Scholars recognize that both citizens and elites may alter their behavior in response to salient stimuli. Epstein and Segal’s (2000) measure of salience for the United States Supreme Court provided a valid and reproducible way to assess the political salience of cases. No comparable measure exists for state high courts. The authors introduce a measure of case salience for state supreme courts that is comprehensive and similar to the Epstein-Segal measure. We discuss the utility of this measure, compare it to several alternatives, provide descriptive statistics, and discuss the relationship between case salience and judicial behavior in state supreme courts.
This study examines how ten interest groups used electronic mail to mobilize their supporters in ... more This study examines how ten interest groups used electronic mail to mobilize their supporters in response to the Supreme Court nominations of John G. Roberts, Jr., Harriet Miers, and Samuel A. Alito, Jr. The effects of group characteristics and goals, the dynamics of the confirmation process, and prior behavior are evaluated. Logit results reveal that group traits and preferences influence the likelihood of requests for action and donations. Funding requests were also conditioned by the stage of the process. The findings show that interest groups use Supreme Court turnover as an opportunity for political advocacy and organizational maintenance.
SSRN-Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees by Richard Vining,... more SSRN-Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees by Richard Vining, Amy Steigerwalt, Susan Smelcer.
Objectives.We examine the conditions under which the Chief Justice of the United States achieves ... more Objectives.We examine the conditions under which the Chief Justice of the United States achieves congressional approval for his requests for institutional reforms to the federal courts. Specifically,we investigate whether legislators are more likely to enact these requests when they are limited in scope and members of Congress are similar ideologically to the chief justice or federal judiciary.Methods.Our analysis uses the chief justice’s Year-End Report on the Federal Judiciary to identify reform proposals requested by the federal judiciary.Results.We find that the likelihood that the federal judiciary achieves reform goals is conditioned by policy scope and ideological congruence with Congress.Conclusions.We conclude that congressional administration of the federal courts is politically strategic.
In this article, we examine participation in floor debates by U.S. House Speakers in the First th... more In this article, we examine participation in floor debates by U.S. House Speakers in the First through Twenty-sixth Congresses (1789–1841). Consistent with the often stated view that Speaker Henry Clay of Kentucky transformed the office of Speaker by using the prerogatives of the office more expansively than other early Speakers, Clay stands out among the Speakers of this period for the frequency and length in which he engaged in House debates. However, we also find that Speakers were regularly participating in floor debates over a decade before Clay held the office and that the five Speakers who succeeded Clay did not regularly participate in debate. Although Clay was not the first Speaker to participate regularly in floor debate, we propose that he transformed the office by effectively using all of the leadership tools available to the Speaker, demonstrating to his House colleagues the benefits of having the Speakership function as the central leadership institution for the chamber.
This study examines the effects of the 1919 introduction of qualified retirement allowing federal... more This study examines the effects of the 1919 introduction of qualified retirement allowing federal judges to retire rather than resign. Retired judges, unlike those who resigned, could perform judicial duties, and their retirement pay could not be diminished. Departures from the U.S. (Circuit) Courts of Appeals from 1892 to 1953 are examined to determine whether the 1919 reform altered how or why judges quit. The effects of political, personal, and institutional factors on departures are analyzed, with their influences expected to vary over time and among types of departures. Political factors are expected to be more influential from 1919 to 1953 as the retirement option made departure more attractive. Quantitative analysis reveals that retirements differed from resignations, and that personal and institutional factors were more influential than political considerations. The results indicate that judges respond to incremental reforms to their duties and benefits when they consider leaving office and, at least before 1954, did not exploit the opportunity to quit strategically.
Objective. This article uses Cox proportional hazards models to explain departures from the U.S. ... more Objective. This article uses Cox proportional hazards models to explain departures from the U.S. Courts of Appeals from 1954–2004. I argue that reforms to pension eligibility and financial incentives in 1984 extended opportunities for voluntary departures and strategic behavior, and that reasons for quitting (whether political, personal, or institutional) differed among types of departures and over time. Methods. The data represent all judge-years from 1954–2004. Both the full period and 1954–1983 and 1984–2004 subperiods are examined. Results. The effects of political factors are limited to partial retirements and suggest judges’ recognition of contentious confirmation politics since the 1980s. Personal and institutional variables dominate outright departures. Conclusions. Explanations for departures from the circuit bench differ both by type and over time. Scholars and policymakers should refine arguments regarding judicial turnover and its causes.
Recent research has advanced scholarly understanding of media coverage of state courts of last re... more Recent research has advanced scholarly understanding of media coverage of state courts of last resort. However, these studies focus on different media outlets and time periods. To determine whether coverage of state supreme court cases varies between media sources, we examine reporting in most-circulated and state-capital newspapers in twenty-four states from 2003 to 2008. Our results demonstrate that the most-circulated newspapers cover nearly twice as many decisions as capital-city newspapers. We also find that although the two types of newspapers devote similar coverage to similar types of cases, the population of cases covered by each type of newspaper differs substantially.
Objective. In this article, we investigate the decision of media in the U.S. states to give high-... more Objective. In this article, we investigate the decision of media in the U.S. states to give high-profile coverage to state supreme court decisions. While research on the U.S. Supreme Court has forged an association between media coverage and the political salience of court decisions, scholars have been unable to examine such coverage in the increasingly important state courts of last resort. Methods. Utilizing new data of high-profile coverage over time in these courts, we examine the extent to which case characteristics, judicial behavior, and institutional variation influence media attention. Our empirical model covers 28,045 state supreme court cases over all 50 states, between the years 1995–1998. Results. Our findings indicate that the likelihood of high-profile coverage increases when certain case characteristics, particularly declarations of unconstitutionality, are present, in addition to dissent within a court. Despite the importance of institutional differences among state supreme courts, front-page coverage is not affected by this variation. Conclusions. In our conclusions, we evaluate those scenarios in which high-profile media coverage is more likely for state supreme court cases, and the possible implications this may have for judicial politics.
There is wide scholarly agreement that the frequent replacement of justices has kept the Supreme ... more There is wide scholarly agreement that the frequent replacement of justices has kept the Supreme Court generally attuned to public opinion. Recent research indicates that, in addition to this indirect effect, Supreme Court justices respond directly to changes in public opinion. We explore the two causal pathways suggested to link public opinion directly to the behavior of justices and the implications of the nature and strength of these linkages for current debates concerning Supreme Court tenure. The recent increase in the stability of Court membership has raised questions about the continued efficacy of the replacement mechanism and renewed debates over mechanisms to limit judicial tenure. Our analysis provides little evidence that justices respond strategically to public opinion but provides partial support for the idea that justices’ preferences shift in response to the same social forces that shape the opinions of the general public. Our analysis offers preliminary evidence that—even in the absence of membership change—public opinion may provide a mechanism by which the preferences of the Court can be aligned with those of the public.
Scholars recognize that both citizens and elites may alter their behavior in response to salient ... more Scholars recognize that both citizens and elites may alter their behavior in response to salient stimuli. Epstein and Segal’s (2000) measure of salience for the United States Supreme Court provided a valid and reproducible way to assess the political salience of cases. No comparable measure exists for state high courts. The authors introduce a measure of case salience for state supreme courts that is comprehensive and similar to the Epstein-Segal measure. We discuss the utility of this measure, compare it to several alternatives, provide descriptive statistics, and discuss the relationship between case salience and judicial behavior in state supreme courts.
This study examines how ten interest groups used electronic mail to mobilize their supporters in ... more This study examines how ten interest groups used electronic mail to mobilize their supporters in response to the Supreme Court nominations of John G. Roberts, Jr., Harriet Miers, and Samuel A. Alito, Jr. The effects of group characteristics and goals, the dynamics of the confirmation process, and prior behavior are evaluated. Logit results reveal that group traits and preferences influence the likelihood of requests for action and donations. Funding requests were also conditioned by the stage of the process. The findings show that interest groups use Supreme Court turnover as an opportunity for political advocacy and organizational maintenance.
SSRN-Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees by Richard Vining,... more SSRN-Bias and the Bar: Evaluating the ABA Ratings of Federal Judicial Nominees by Richard Vining, Amy Steigerwalt, Susan Smelcer.
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judicial duties, and their retirement pay could not be diminished. Departures from the U.S. (Circuit) Courts of Appeals from 1892 to 1953 are examined to determine whether the 1919 reform altered how or why judges quit. The effects of political, personal, and institutional factors on departures are analyzed, with their influences expected to vary over time and among types of departures. Political factors are expected to be more influential from 1919 to 1953 as the retirement option made departure more attractive. Quantitative analysis reveals that retirements differed from resignations, and that personal and institutional factors were more influential than political considerations. The results indicate that judges respond to incremental reforms to their duties and benefits when they consider leaving office and, at least before 1954, did not exploit the opportunity to quit strategically.
this may have for judicial politics.
judicial duties, and their retirement pay could not be diminished. Departures from the U.S. (Circuit) Courts of Appeals from 1892 to 1953 are examined to determine whether the 1919 reform altered how or why judges quit. The effects of political, personal, and institutional factors on departures are analyzed, with their influences expected to vary over time and among types of departures. Political factors are expected to be more influential from 1919 to 1953 as the retirement option made departure more attractive. Quantitative analysis reveals that retirements differed from resignations, and that personal and institutional factors were more influential than political considerations. The results indicate that judges respond to incremental reforms to their duties and benefits when they consider leaving office and, at least before 1954, did not exploit the opportunity to quit strategically.
this may have for judicial politics.