Strategy on the United States Supreme Court
To what extent do the justices on the Supreme Court behave strategically? In Strategy on the United States Supreme Court, Saul Brenner and Joseph M. Whitmeyer investigate the answers to this question and reveal that justices are substantially less strategic than many Supreme Court scholars believe. By examining the research to date on each of the justice’s important activities, Brenner and Whitmeyer’s work shows that the justices often do not cast their certiorari votes in accord with the...
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Strategy on the United States Supreme Court reveals how strategic behavior - or its absence-influences decisions of the Supreme Court and, as a result, American politics and society. Students of the Court, be they scholars engaged in research or undergraduates enrolled in college courses, with find this book to be an invaluable resource.
Preface ixPart I Introduction1 The Legal Model 32 The Attitudinal Model 113 The Strategic Models 19Part II Certiorari4 The Losing Litigant Model 315 The Outcome-Prediction Strategy 39Part III The Conference Vote On The Merits6 Strategic Voting at the Conference Vote 537 Fluidity and Strategic Voting 59Part IV The Majority Opinion and Other Opinions8 The Extent of Successful Bargaining over the Content of the Majority Opinion 719 The Size of Opinion Coalitions 8110 At Whose Ideal Point Will the Majority Opinion Be Written? 8711 Reciprocity on the Supreme Court 103Part V The Final Vote on the Merits12 The Separation of Powers Model 11513 Supreme Court Decision Making and Public Opinion 127Part VI Concluding Chapters14 Strategies in Pursuit of Institutional Goals 13915 Summary 161Appendix 1 Decision Making on the United States Supreme Court 167Appendix 2 Additional Questions to Explore 173References 177Table of Cases 189Index 191
