Role-Theoretic and Policy-Based Models of Supreme Court Decision Making

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9515335 Segal This project combines and tests role-theoretic (legal and restraintist) and policy-based (attitudinal and positive) models of Supreme Court decision making. The project will answer questions about the Court's decision making that have not been answered systematically before, such as the influence of legal arguments over text and intent, the extent of deference the Court gives to elected decision makers, and the extent of sophisticated voting by the justices. The role of legal arguments will be tested by examining claims and counterclaims as to text, intent, and precedent in briefs filed before the Court. Attitudinal effects will be tested by determining, after controlling for legal and political variables, whether justices have remaining predispositions to support litigants favoring liberal or conservative positions. These factors will be studied over the votes of the justices in the 1,018 cases docketed and decided by full opinion in the 1979, 1980, 1985, 1986, 1991, 1992, 1993, and 1994 terms of the Court. The data that do not already exist in the U.S. Supreme Court Judicial database will be coded from a content analysis of briefs filed before the Court. %%%% This project combines and tests role-theoretic (legal and restraintist) and policy-based (attitudinal and positive) models of Supreme Court decision making. The project will answer questions about the Court's decision making that have not been answered systematically before, such as the influence of legal arguments over text and intent, the extent of deference the Court gives to elected decision makers, and the extent of sophisticated voting by the justices. The role of legal arguments will be tested by examining claims and counterclaims as to text, intent, and precedent in briefs filed before the Court. Attitudinal effects will be tested by determining, after controlling for legal and political variables, whether justices have remaining predispositions to support litigants favoring liberal or conservative positions. These factors will be studied over the votes of the justices in the 1,018 cases docketed and decided by full opinion in the 1979, 1980, 1985, 1986, 1991, 1992, 1993, and 1994 terms of the Court. The data that do not already exist in the U.S. Supreme Court Judicial database will be coded from a content analysis of briefs filed before the Court. ****