American Journal of Political Science · 2013 · 148 citations · 50 references
LawPublic LawPublic PolicyConstitutional TheoryJudicial PoliticsSeparation Of PowersJudicial DiscretionJudicial IndependenceJudicial InstitutionsJudicial PolicymakingJudicial PowerConstraint In AdjudicationConstraints On Judicial DiscretionCourt-power RelationsInstitutional Constraints On CourtsJudicial Behavior Under ConstraintsJudicial PreferencesSeparation Of Powers ConstraintsSupreme Court Behavior
Elite and popular preferences influence Supreme Court decisions, but it is unclear when and how external pressure constrains the Court. The study argues that justices are constrained, in part, by fear of nonimplementation of their rulings. The author tests this by analyzing a recent study showing the Court has greater implementation power in vertical cases than in lateral cases. Constraint is strongest in important lateral cases where implementation relies on nonjudicial actors, indicating that justices’ fear of nonimplementation drives Court constraint and depends on institutional context.
Numerous studies have found that elite and popular preferences influence decision making on the U.S. Supreme Court; yet, uncertainty remains about when, how, and why the Court is constrained by external pressure. I argue the justices are constrained, at least in part, because they fear nonimplementation of their decisions. I test this theory by utilizing a recent study of judicial power, which finds the Court enjoys greater implementation power in “vertical” cases (those involving criminal and civil liability) than in “lateral” cases (all others; e.g., those involving schools or government agencies). I find that Court constraint is strongest in important lateral cases—those cases in which implementation depends on support from nonjudicial actors. My findings suggest that Supreme Court constraint is driven by the justices' fear of nonimplementation and is, therefore, dependent on institutional context.
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