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Supreme Court Litigants and Strategic Framing

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  • Justin Wedeking

Abstract

Although litigants invest a huge amount of resources in crafting legal briefs for submission to the Supreme Court, few studies examine whether and how briefs influence Court decisions. This article asks whether legal participants are strategic when deciding how to frame a case brief and whether such frames influence the likelihood of receiving a favorable outcome. To explore these questions, a theory of strategic framing is developed and litigants' basic framing strategies are hypothesized based on Riker's theory of rhetoric and heresthetic as well as the strategic approach to judicial politics. Using 110 salient cases from the 1979–89 terms, I propose and develop a measure of a typology of issue frames and provide empirical evidence that supports a strategic account of how parties frame cases.

Suggested Citation

  • Justin Wedeking, 2010. "Supreme Court Litigants and Strategic Framing," American Journal of Political Science, John Wiley & Sons, vol. 54(3), pages 617-631, July.
    • Handle: RePEc:wly:amposc:v:54:y:2010:i:3:p:617-631
    DOI: 10.1111/j.1540-5907.2010.00450.x
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    References listed on IDEAS

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    1. Michael A. Bailey & Brian Kamoie & Forrest Maltzman, 2005. "Signals from the Tenth Justice: The Political Role of the Solicitor General in Supreme Court Decision Making," American Journal of Political Science, John Wiley & Sons, vol. 49(1), pages 72-85, January.
    2. Simon, Adam F. & Xenos, Michael, 2004. "Dimensional Reduction of Word-Frequency Data as a Substitute for Intersubjective Content Analysis," Political Analysis, Cambridge University Press, vol. 12(1), pages 63-75, January.
    3. Lee Sigelman & Emmett H. Buell, 2004. "Avoidance or Engagement? Issue Convergence in U.S. Presidential Campaigns, 1960–2000," American Journal of Political Science, John Wiley & Sons, vol. 48(4), pages 650-661, October.
    4. Chris W. Bonneau & Thomas H. Hammond & Forrest Maltzman & Paul J. Wahlbeck, 2007. "Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court," American Journal of Political Science, John Wiley & Sons, vol. 51(4), pages 890-905, October.
    5. James N. Druckman & Kjersten R. Nelson, 2003. "Framing and Deliberation: How Citizens' Conversations Limit Elite Influence," American Journal of Political Science, John Wiley & Sons, vol. 47(4), pages 729-745, October.
    6. Chong, Dennis & Druckman, James N., 2007. "Framing Public Opinion in Competitive Democracies," American Political Science Review, Cambridge University Press, vol. 101(4), pages 637-655, November.
    7. Martin, Andrew D. & Quinn, Kevin M., 2002. "Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999," Political Analysis, Cambridge University Press, vol. 10(2), pages 134-153, April.
    8. Richards, Mark J. & Kritzer, Herbert M., 2002. "Jurisprudential Regimes in Supreme Court Decision Making," American Political Science Review, Cambridge University Press, vol. 96(2), pages 305-320, June.
    9. 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.
    10. Mark Peffley & Jon Hurwitz, 2007. "Persuasion and Resistance: Race and the Death Penalty in America," American Journal of Political Science, John Wiley & Sons, vol. 51(4), pages 996-1012, October.
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    Cited by:

    1. Stefanie A. Lindquist & Pamela C. Corley, 2011. "The Multiple-Stage Process of Judicial Review: Facial and As-Applied Constitutional Challenges to Legislation before the U.S. Supreme Court," The Journal of Legal Studies, University of Chicago Press, vol. 40(2), pages 467-502.
    2. Luke M. Froeb & Bernhard Ganglmair & Steven Tschantz, 2016. "Adversarial Decision Making: Choosing between Models Constructed by Interested Parties," Journal of Law and Economics, University of Chicago Press, vol. 59(3), pages 527-548.

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