How State Judicial Selection Methods May Influence Views of US Supreme Court Nominees: Evidence from a Conjoint Experiment

2021 ◽  
Author(s):  
Christopher Krewson ◽  
Ryan J Owens
2009 ◽  
Vol 7 (4) ◽  
pp. 785-803 ◽  
Author(s):  
Mariah Zeisberg

Extensive political science research reveals that the decisions of the US Supreme Court are deeply political. And both advocates and critics of judicial elections concede that partisan elections are a democratic method of judicial selection. Does the value of democratic representation mean that US Supreme Court Justices should be selected through partisan elections? I argue not. Partisan judicial elections are actually far poorer institutional mechanisms for capturing the judgment of the people on legal matters than has been recognized. The role of parties in structuring a campaign distorts the deliberative environment surrounding judicial elections, creating significant barriers to voters expressing a judgment on matters of legal meaning. The kind of distortion is best understood through reference to aprocessualcriterion of deliberative democracy, which provides a fitting normative template to ground theoretical inquiry into the reason-giving possibilities of existing democratic institutions and practices. Hence, answering why the US Supreme Court should not be elected on democratic grounds also reveals new insights about the role of parties in sustaining (or subverting) deliberative democratic ideals.


Author(s):  
Jon C. Rogowski ◽  
Andrew R. Stone

Abstract Contemporary US Supreme Court nominations are unavoidably and inevitably political. Although observers worry that political contestation over nominations undermines support for qualified nominees and threatens the Court's legitimacy, there is little empirical evidence to support these claims. The authors argue that political contestation over judicial nominations provides cues that shape the public's impressions about nominees and the Court and polarizes public opinion across partisan lines. Data from a conjoint experiment administered in the first days of the Trump presidency support this argument. Political rhetoric attributed to President Trump and Senate Democrats substantially polarized partisans’ views of nominees and evaluations of the Court's legitimacy, with Republicans (Democrats) expressing significantly more (less) favorable attitudes. Additional analyses suggest that contestation generates divergent partisan responses by affecting views about the nominee's impartiality. These findings challenge existing perspectives that depict attitudes toward the judiciary as resistant to partisan considerations and have important implications for the Court's legitimacy in a polarized era.


Author(s):  
Alex Badas ◽  
Elizabeth Simas

Abstract Judicial nominations, particularly those to the Supreme Court, have been a salient topic in recent presidential and senate elections. However, there has been little research to determine whether judicial nominations motivate political behavior. Across three studies we demonstrate the important role judicial nominations play in influencing political behavior. In Study 1, we analyze the extent to which voters perceive judicial nominations as an important electoral issue. We find that Republicans—and especially strong Republicans—are more likely to perceive judicial nominations as important. In Study 2, we analyze how congruence with an incumbent Senator's judicial confirmation votes influences voters’ decision to vote for the incumbent. We find that congruence with a Senator's judicial confirmation votes is a strong predictor of vote choice. Finally, in Study 3, we analyze data from an original conjoint experiment aimed at simulating a Senate primary election where voters must select among co-partisans. We find that Republican subjects are more likely to select a primary candidate who prioritizes confirming conservative Supreme Court nominees. Among Democratic subjects, however, we find that Democratic candidates who prioritize the Court might actually suffer negative electoral consequences. Overall, our results demonstrate the importance of judicial nominations as an electoral issue.


2017 ◽  
Vol 12 (10) ◽  
pp. 826-829
Author(s):  
Charles R Macedo ◽  
Marion P Metelski ◽  
David P Goldberg

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