The Supreme Court Decision Making Process

Author(s):  
Timothy R. Johnson

The U.S. Supreme Court is but one of three political institutions within the structure of the U.S. federal government. Within this system of separated powers it rules on the constitutionality of some of the nation’s most important legal and political issues. In making such decisions, the nation’s highest court may be considered the most powerful of the three branches of the U.S. federal government. Understanding this process will allow scholars, students of the Court, and Court watchers alike to gain a better understanding of the way in which the justices conduct their business and to come to terms with some of the most important legal and political decisions in our nation’s history. Combining a theoretical account of Supreme Court decision-making with an examination of its internal decision-making process illuminates this opaque institution.

1993 ◽  
Vol 55 (3) ◽  
pp. 511-529 ◽  
Author(s):  
Joseph A. Ignagni

The U.S. Supreme Court, at various times, has changed the constitutional tests it claimed to use in order to settle free exercise of religion disputes. These changes in official doctrine and the manner in which many cases have been decided have left the Supreme Court open to much criticism from legal scholars. This study differs substantially from previous work in this area. It uses a fact-attitudinal model to analyze the cases from the Warren, Burger, and Rehnquist Courts. Its findings indicate that these decisions are, generally, explainable and predictable.


2001 ◽  
Vol 95 (1) ◽  
pp. 210-212
Author(s):  
Michael McCann

The editors of this timely volume announce at the outset that their aim is to provide a forum for recent scholarship that reacts critically to the previous generation of behavioralists who, since the 1950s, have analyzed the U.S. Supreme Court as little more than an aggregate of the relatively stable and identifiable policy preferences held by individual justices. Specifically, these essays pose a collective "response by a succeeding generation of Supreme Court scholars who are trained in political behavioralism but who have rediscovered the value and importance of understanding institutional contexts" (p. 12).


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