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Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court

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  • BAILEY, MICHAEL A.
  • MALTZMAN, FORREST

Abstract

Judicial scholars often struggle to disentangle the effects of law and policy preferences on U.S. Supreme Court decision making. We employ a new approach to measuring the effect—if any—of the law on justices' decisions. We use positions taken on Supreme Court cases by members of Congress and presidents to identify policy components of voting. Doing so enables us to isolate the effects of three legal doctrines: adherence to precedent, judicial restraint, and a strict interpretation of the First Amendment's protection of speech clause. We find considerable evidence that legal factors play an important role in Supreme Court decision making. We also find that the effect of legal factors varies across justices.

Suggested Citation

  • Bailey, Michael A. & Maltzman, Forrest, 2008. "Does Legal Doctrine Matter? Unpacking Law and Policy Preferences on the U.S. Supreme Court," American Political Science Review, Cambridge University Press, vol. 102(3), pages 369-384, August.
    • Handle: RePEc:cup:apsrev:v:102:y:2008:i:03:p:369-384_08
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    Cited by:

    1. Michael A Bailey & Albert Yoon, 2011. "‘While there’s a breath in my body’: The systemic effects of politically motivated retirement from the Supreme Court," Journal of Theoretical Politics, , vol. 23(3), pages 293-316, July.
    2. Yonatan Lupu & James H. Fowler, 2013. "Strategic Citations to Precedent on the U.S. Supreme Court," The Journal of Legal Studies, University of Chicago Press, vol. 42(1), pages 151-186.
    3. Keren Weinshall‐Margel, 2011. "Attitudinal and Neo‐Institutional Models of Supreme Court Decision Making: An Empirical and Comparative Perspective from Israel," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 556-586, September.
    4. Matej Avbelj & Janez Šušteršič, 2019. "Conceptual Framework and Empirical Methodology for Measuring Multidimensional Judicial Ideology," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 129-159, June.
    5. David Gliksberg, 2014. "Does the Law Matter? Win Rates and Law Reforms," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(2), pages 378-407, June.
    6. Leighton Vaughan Williams, 2015. "Forecasting the decisions of the US Supreme Court: lessons from the ‘affordable care act’ judgment," Journal of Prediction Markets, University of Buckingham Press, vol. 9(1), pages 64-78.

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