Abstract
We argue that the Supreme Court's long-term goal of maintaining legitimacy and institutional power reflects an underdeveloped strategic consideration in models of judicial decision making. Our article posits that both institutional- and policy-related incentives exist for the Court to engage in strategic behavior, and that those motivations may be differentially applicable to decision making in constitutional versus statutory cases. Our results offer broad confirmation of the above hypotheses, providing an important supplement to our understanding of how Congress may affect the Supreme Court's role in constructing legal policy.
Original language | American English |
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Journal | Politics and Policy |
Volume | 42 |
DOIs | |
State | Published - Mar 21 2014 |
Disciplines
- American Politics
- Political Science
- Social and Behavioral Sciences