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Supreme Court Justices and Supreme Court Nominations: Do Nomination Battles Affect the Decisions of Sitting Justices?

Authors: Matthew D. Mitchell;

Supreme Court Justices and Supreme Court Nominations: Do Nomination Battles Affect the Decisions of Sitting Justices?

Abstract

While the President and the Senate select a new Supreme Court justice, the Court often continues to announce decisions. These decisions are noteworthy because they come while an extraordinary amount of public and political attention is focused on the Court. If justices are concerned about approbation, then the extra attention raises the relative price they pay for unpopular decisions and may encourage them to accommodate public opinions in their voting. Using three measures of judicial output, I assess the impact of an announced retirement or death of a U.S. Supreme Court justice on the voting patterns of sitting members of the Court. I find that following an announced retirement or death, liberal justices are more likely to adopt positions which are unusual given their voting record. Additionally, conservative justices are more likely to find themselves in the majority. Vacancies also seem to make justices more reluctant to declare actions unconstitutional.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
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