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Ideology, Status, and The Differential Success of Direct Parties Before the Supreme Court

Author

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  • Sheehan, Reginald S.
  • Mishler, William
  • Songer, Donald R.

Abstract

A substantial literature on lower federal courts and state courts suggests that the “haves” usually come out ahead in litigation because they possess superior resources for it and they reap advantages from their repeat player status. We investigate the success of 10 categories of litigants before the Warren, Burger, and Rehnquist Courts to determine whether the resources or experience of litigants has effects on Supreme Court outcomes paralleling those found in the courts below. While different categories of litigants are found to have very different rates of success, those differences do not consistently favor litigants with greater resources. A time series analysis of the success of different categories of litigants over the 36 years studied suggests that the changing ideological complexion of the Court has a greater impact on the success of litigants than differences among litigants in resources and experience.

Suggested Citation

  • Sheehan, Reginald S. & Mishler, William & Songer, Donald R., 1992. "Ideology, Status, and The Differential Success of Direct Parties Before the Supreme Court," American Political Science Review, Cambridge University Press, vol. 86(2), pages 464-471, June.
    • Handle: RePEc:cup:apsrev:v:86:y:1992:i:02:p:464-471_08
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    Cited by:

    1. Michael S. Kang & Joanna M. Shepherd, 2015. "Partisanship in State Supreme Courts: The Empirical Relationship between Party Campaign Contributions and Judicial Decision Making," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 161-185.
    2. Justin Wedeking, 2010. "Supreme Court Litigants and Strategic Framing," American Journal of Political Science, John Wiley & Sons, vol. 54(3), pages 617-631, July.
    3. Menachem Hofnung & Keren Weinshall Margel, 2010. "Judicial Setbacks, Material Gains: Terror Litigation at the Israeli High Court of Justice," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 7(4), pages 664-692, December.
    4. Denise M. Keele & Robert W. Malmsheimer & Donald W. Floyd & Lianjun Zhang, 2009. "An Analysis of Ideological Effects in Published Versus Unpublished Judicial Opinions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 213-239, March.
    5. Paul M. Collins, Jr. & Wendy L. Martinek, 2011. "The Small Group Context: Designated District Court Judges in the U.S. Courts of Appeals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(1), pages 177-205, March.
    6. Jeff Yates & Damon M. Cann & Brent D. Boyea, 2013. "Judicial Ideology and the Selection of Disputes for U.S. Supreme Court Adjudication," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(4), pages 847-865, December.
    7. Maxwell Mak & Andrew H. Sidman & Udi Sommer, 2013. "Is Certiorari Contingent on Litigant Behavior? Petitioners' Role in Strategic Auditing," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(1), pages 54-75, March.

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