SOLICITOR GENERAL, PRESIDENTIAL APPOINTMENT, AND THE ROLE OF THE FEDERAL GOVERNMENT IN SUPREME COURT DECISION MAKING

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.

Download Full-text

Managing the Supreme Court: The Chief Justice, Management, and Consensus

Journal of Public Administration Research and Theory ◽

10.1093/jopart/muv037 ◽

2015 ◽

Vol 26 (2) ◽

pp. 185-196 ◽

Cited By ~ 3

Author(s):

Joseph Daniel Ura ◽

Carla M. Flink

Keyword(s):

Decision Making ◽

Supreme Court ◽

Public Administration ◽

Public Management ◽

Judicial Politics ◽

Supreme Court Decision ◽

Court Decision ◽

Chief Justice ◽

The Supreme Court

In this article, we draw on a prominent model of public management to develop a preliminary theoretical approach to understanding the role of the chief justice in Supreme Court decision-making. In particular, we argue that the Court may seek legitimacy through greater unanimity and discuss how the leadership of the chief justice can facilitate that effort. We assess a hypothesis derived from this theory, showing greater agreement among the justices as the incumbent chief justice’s tenure in office increases. We argue that these results provide support for further attention to and development of a public administration-based approach to the study of Supreme Court decision-making. The application of public administration to judicial politics provides further evidence of management dynamics in American institutions.

Download Full-text

What Moves the Court? Interest Groups, Public Opinion, Court Composition and the Solicitor General

American Review of Politics ◽

10.15763/issn.2374-7781.2002.23.0.245-260 ◽

2002 ◽

Vol 23 ◽

pp. 245-260

Author(s):

Thomas R. Marshall

Keyword(s):

Decision Making ◽

Public Opinion ◽

Interest Groups ◽

Supreme Court ◽

Supreme Court Decision ◽

Court Decision ◽

Solicitor General ◽

The Impact

The impact of several major types of interest groups, the solicitor general, Court composition, and American public opinion on U.S. Supreme Court decision-making is tested with a poll-matched database from the Warren, Burger, and Rehnquist Courts. Results indicate that the solicitor general’s position, American public opinion, Court composition, and a few (but not most) interest groups all significantly and independently affect Supreme Court decision-making.

Download Full-text