IDEAS home Printed from https://ideas.repec.org/p/nbr/nberwo/32920.html
   My bibliography  Save this paper

Judges Judging Judges: Partisanship and Politics in the Federal Circuit Courts of Appeals

Author

Listed:
  • Alma Cohen
  • Rajeev H. Dehejia

Abstract

We examine how politicization and polarization influence judicial review within U.S. Federal appellate courts. Analyzing over 400,000 cases from 1985 to 2020, we find that judges' political alignment or misalignment with trial judges increasingly affect their decisions, particularly in the last two decades. This trend is significant in precedential cases: panels of Democratic judges are 6.9 percentage points more likely to reverse Republican trial judges compared to Democratic ones, whereas Republican panels are 3.6 percentage points less likely to reverse fellow Republican judges. This effect persists across ideological and non-ideological cases and even among judges appointed before 2000.

Suggested Citation

  • Alma Cohen & Rajeev H. Dehejia, 2024. "Judges Judging Judges: Partisanship and Politics in the Federal Circuit Courts of Appeals," NBER Working Papers 32920, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:32920
    Note: LE PE POL
    as

    Download full text from publisher

    File URL: http://www.nber.org/papers/w32920.pdf
    Download Restriction: Access to the full text is generally limited to series subscribers, however if the top level domain of the client browser is in a developing country or transition economy free access is provided. More information about subscriptions and free access is available at http://www.nber.org/wwphelp.html. Free access is also available to older working papers.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    JEL classification:

    • H0 - Public Economics - - General
    • K0 - Law and Economics - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:nbr:nberwo:32920. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://edirc.repec.org/data/nberrus.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.