The Supreme Court and Race

The Supreme Court has attempted to redefine race relations for decades. This unfortunately turned into a quagmire from which it was able to extricate itself only by lowering the intensity of its moral rhetoric. In particular, the Fullilove case represented a welcome retreat from race-conscious social engineering.     

The authority of Supreme Court precedent

We construct the complete network of 30,288 majority opinions written by the U.S. Supreme Court and the cases they cite from 1754 to 2002 in the United States Reports. Data from this network demonstrates quantitatively the evolution of the norm of stare decisis in the 19th Century and a significant deviation from this norm by the activist Warren Court. We further describe a method for creating authority scores using the network data to identify the most important court precedents. This method yields rankings that conform closely to evaluations by legal experts, and even predicts which cases they will identify as important in the future. An analysis of these scores over time allows us to test several hypotheses about the rise and fall of precedent. We show that reversed cases tend to be much more important than other decisions, and the cases that overrule them quickly become and remain even more important as the reversed decisions decline. We also show that the Court is careful to ground overruling decisions in past precedent, and the care it exercises is increasing in the importance of the decision that is overruled. Finally, authority scores corroborate qualitative assessments of which issues and cases the Court prioritizes and how these change over time.     

The Supreme Court and the Constitutional Convention

The cornerstone of sound social studies pedagogy is the ability of teachers to use materials that spur students to think critically, reflect honestly, and to participate purposefully and passionately. This article illustrates how elementary teachers can use select children's literature that prompts students to think critically about their geographic surroundings and encourages student-centered reflection and action.     

The Causes of Pro-Immigration Voting in the United States Supreme Court1

During the pre-confirmation debate over Supreme Court Justice Sonia Sotomayor, critics accused her of allowing her background to influence her judicial decisions. This article assesses the validity of such a claim for all sitting justices from 1875 to 2007 in one relevant policy area, immigration. In this article, we look at all 185 immigration-related decisions by the Supreme Court from its creation through 2007. Logistic general estimating equation regression analysis of Supreme Court voting on these cases suggests that justices who were nominated by Democratic presidents, who were urbanites, and who had previous judicial experience were more likely to vote in favor of immigration. However, justices who grew up in the Southwest, had Southern European ancestors, or were ideological conservatives were more hostile to immigration. Although public opinion, the unemployment rate, and the percent foreign-born in a given year did not affect justices’ votes, non-asylum cases and appeals from the Eighth Circuit were more likely to receive favorable treatment. The mean level of racial liberalism of the Senators in office during a particular justice’s confirmation hearings likewise had a large impact on his or her subsequent rulings. These findings suggest that Supreme Court voting on immigration is substantially influenced by justices’ background and political preferences as well as by some political and legal structures. These results thus support Legal Realism and New Institutionalism instead of the Traditional Legal Model of Supreme Court behavior.     

Women Rule: Gendered Leadership and State Supreme Court Chief Justice Selection

ABSTRACT

While women are underrepresented in many political institutions and leadership positions, nearly half of state supreme court chief justices are women. Is there something about the role of state supreme court justice that facilitates the recruitment of women to this important political position? We examine whether the selection of a woman chief is driven by the court’s institutional need for women’s leadership style or simply the supply of qualified justices. We find that ideological diversity drives demand for a woman chief. A supply of experienced women justices also has a significant impact on likelihood of selection.     

Supreme Court Auditing of the US Courts of Appeals: An Organizational Perspective

Using an aggregate-level model of Supreme Court–circuitcourt interactions, this study assesses the extent to whichthe Court's auditing process of circuit court outputs is shapedby organizational dynamics such as structural capacity, institutionalization,and demographic characteristics. Principals in organizationalhierarchies must audit the behavior of their agents to ensurethat the agents are faithfully complying with the principals'preferences. In the case of the Supreme Court, such auditingactivities must take place in the face of very limited institutionalcapacity on the Court's part. We propose that the Court considerscertain broad organizational and institutional characteristicsat the circuit level when performing this task. In particular,we find that the Court strategically allocates its limited institutionalresources to audit decisions to respond to its recent interactionswith individual circuits in past terms, the circuits' internaldecision-making dynamics (including dissent and reversal rates),and goal conflict between the circuit and the Supreme Court.