Measuring Policy Change in the U.S. Supreme Court

1988 ◽  
Vol 82 (3) ◽  
pp. 905-920 ◽  
Author(s):  
Lawrence Baum
Keyword(s):  
Supreme Court ◽  
Policy Change ◽  
Building Block ◽  
Civil Liberties ◽  
Policy Changes ◽  
Burger Court ◽  
The Supreme Court ◽  
Warren Court ◽  
Measure Change ◽  
The U.S

Measuring the U.S. Supreme Court's policy changes is complicated by change in the content of the cases that come before the Court. I adapt from earlier scholarship a method to correct for changes in case content and use this method to measure change in the Court's support for civil liberties in the 1946–85 terms. Analysis based on this method indicates that because of changes in case content, the average difficulty of reaching a pro-civil liberties result varied during that period. With corrections for case difficulty, the Warren Court of the 1950s appears to have been more conservative, and the Burger Court more liberal, than patterns of case outcomes themselves suggest. This method, while imperfect, has utility for the measurement of policy change in the Supreme Court and other institutions and thus can serve as a building block in analyses of the processes and determinants of change.

Is There a Burger Court?

1979 ◽  
Vol 9 (2) ◽  
pp. 173-200 ◽  
Author(s):  
Richard Hodder-Williams
Keyword(s):  
Temporal Variation ◽  
Supreme Court ◽  
Burger Court ◽  
Chief Justice ◽  
The Supreme Court ◽  
Warren Court ◽  
History Of

The history of the Supreme Court tends to be divided into historical slices coterminous with individual Chief Justiceships. One speaks of the Taft Court, the Hughes Court, the Stone Court, the Vinson Court, and the Warren Court. Behind these titles lies the implication that they can be differentiated in terms of something more than merely temporal variation; the Chief Justice himself must be the catalyst which is supposed to make each era special. But, in what senses can a period of Supreme Court history be thought of as specifically associated with its current Chief Justice?

The U.S. Supreme Court Decisions

2020 ◽  
pp. 144-178
Author(s):  
Donald W. Rogers
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Civil Liberties ◽  
Fourteenth Amendment ◽  
District Court ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Federal Jurisdiction ◽  
The U.S

This chapter traces Hague’s appeal through the Third Circuit Court of Appeals into the U.S. Supreme Court under Chief Justice Charles Evans Hughes, showing how the Hughes court’s inner dynamics explain affirmation of the district court injunction. Observing flux in court personnel and law, the chapter shows that both courts embraced the contemporaneous civil liberties revolution by defending worker speech and assembly rights, but it reveals the Supreme Court as divided over constitutional logic. Justice Owen Roberts’s plurality opinion upheld speech and assembly rights under the Fourteenth Amendment privileges and immunities clause, Justice Harlan Fiske Stone’s concurrence incorporated the First Amendment into the Fourteenth Amendment due-process clause, and dissenters rejected federal jurisdiction. The ruling reflected the contentious evolution of civil liberties jurisprudence, not antiboss or labor law politics.

Agenda Setting and Case Selection on the U.S. Supreme Court

2017 ◽  
Author(s):  
Elizabeth A. Lane ◽  
Ryan C. Black
Keyword(s):  
Supreme Court ◽  
Policy Change ◽  
Agenda Setting ◽  
Judicial Process ◽  
Fundamental Step ◽  
Case Selection ◽  
Setting Process ◽  
The Supreme Court ◽  
Grant Review ◽  
The U.S

The Supreme Court’s docket consists of thousands of cases each term, with petitioners hoping at least four justices will be compelled to grant review to their case. The decision to move a case from their docket to their calendar for oral arguments and all intermediate steps is what is known as the agenda-setting process. This is a fundamental step in the judicial process, as the Supreme Court cannot establish precedent and affect policy change without first deciding to review.

Lawyers, Organized Interests, and the Law of Obscenity: Agenda Setting in the Supreme Court

1993 ◽  
Vol 87 (3) ◽  
pp. 717-726 ◽  
Author(s):  
Kevin T. McGuire ◽  
Gregory A. Caldeira
Keyword(s):  
Supreme Court ◽  
Agenda Building ◽  
Organized Interests ◽  
Critical Elements ◽  
Burger Court ◽  
Case Selection ◽  
The Supreme Court ◽  
Warren Court ◽  
The Law ◽  
Using Data

Each year thousands of cases and litigants come to the Supreme Court. How can the Court find the most important cases to decide? The law of obscenity illustrates particularly well the Court's problem as it constructs its plenary agenda. Using data drawn from petitions for certiorari and jurisdictional statements filed with the Supreme Court from 1955 to 1987, we formulate and test a model of case selection in which professional obscenity lawyers and organized interests figure as critical elements in the process of agenda building. We also encounter strong evidence of the Court's differential treatment of several different litigants. Moreover, the calculus of selection changed markedly over time, as the Court itself changed; the Burger Court and Warren Court weighed several of the criteria quite differently.

Explaining the Burger Court's Support for Civil Liberties

1987 ◽  
Vol 20 (01) ◽  
pp. 21-28
Author(s):  
Lawrence Baum
Keyword(s):  
Supreme Court ◽  
Presidential Election ◽  
Civil Liberties ◽  
Strong Support ◽  
The Other ◽  
Previous Period ◽  
Richard Nixon ◽  
Burger Court ◽  
The Supreme Court ◽  
The 1960S

For eighteen years, Supreme Court watchers have been waiting for the other shoe to drop. Under Chief Justice Earl Warren in the 1960s, the Court expanded legal protections for civil liberties far more than it had in any previous period. After Richard Nixon was elected president in 1968, many observers expected that his appointments would move the Court away from its commitment to civil liberties. When Nixon was able to appoint four new justices in his first three years in office, that expectation was strengthened. Since that time, each presidential election victory and each Supreme Court appointment by a conservative Republican has led to new hopes and fears that the Cout would abandon its strong support for civil liberties.To a degree, these expectations already have been realized. Without doubt, the Supreme Court under Warren Burger was less supportive of civil liberties than it had been under Earl Warren. But it did not take the clear conservative position that many Court watchers had anticipated. Reflecting their surprise, a 1983 book about the Burger Court was subtitled, “The Counter-Revolution That Wasn't” (Blasi, 1983).

The Warren Court and the Administration of Criminal Justice

1972 ◽  
Vol 18 (1) ◽  
pp. 49-58
Author(s):  
Donal E.J. Macnamara ◽  
Edward Sagarin
Keyword(s):  
Criminal Justice ◽  
Supreme Court ◽  
Constitutional Rights ◽  
The Supreme Court ◽  
Warren Court ◽  
American Society

Three important changes in American society were given impetus by decisions of the Supreme Court under Earl Warren. These were in the issues of desegregation; one-man, one-vote; and the administration of criminal justice. The accusation against the Warren Court that it was coddling criminals and handcuffing police, belied by statistics, may have been incited by hostility that the Court had aroused because of its decisions on integration and electoral apportionment. Analysis of impor tant decisions in the years before Warren reveals a hesitant and ambiguous Court, taking both forward and backward steps in defense of the constitutional rights of the accused. Some of the Warren decisions on issues of criminal justice were unani mous, and others were made by a split court. A study of the voting records of Warren's colleagues leads to the belief that the major thrust of that court will not be reversed by its successor, unless under the pressure of a precipitate change in America's social atmosphere.

scholarly journals Patterson v. McLean: A Confirmation of the New Right at the U.S. Supreme Court

2005 ◽  
Vol 30 (4) ◽  
pp. 987-1009
Author(s):  
George M. Sullivan
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
National Elections ◽  
Presidential Appointments ◽  
The Supreme Court ◽  
The Impact ◽  
The U.S

In two consecutive national elections a conservative, Ronald Reagan, was elected President of the United States. When Justice Lewis Powell announced his retirement during the late months of the Reagan administration, it was apparent that the President's last appointment could shift the ideology of the Court to conservatism for the first time since the presidency of Dwight Eisenhower. President Reagan's prior appointments, Sandra Day O'Connor and Antonin Scalia, had joined William Rehnquist, an appointee of President Nixon and Bryon White, an appointee of President Kennedy to comprise a vociferous minority of four in many instances, especially cases involving civil rights. The unexpected opportunity for the appointment of a conservative jurist caused great anxiety in the media and in the U.S. Senate, the later having confirmation power over presidential appointments to the Supreme Court. This article examines the consequences of the Senate's confirmation of Justice Anthony Kennedy to the Supreme Court. The impact, which was immediate and dramatic, indicates that conservative ideology will predominate on major civil rights issues for the remainder of this century.

scholarly journals Le contrôle des prix et des revenus au Canada

2009 ◽  
Vol 52 (3) ◽  
pp. 271-310
Author(s):  
Richard G. Lipsey
Keyword(s):  
Supreme Court ◽  
Economic Crisis ◽  
Supreme Court Of Canada ◽  
Traditional Methods ◽  
The Supreme Court ◽  
The U.S

Abstract This paper is a summary of the Legal Factum submitted by the Canadian Labor Congress to the Supreme Court of Canada. It intends to demonstrate the irrelevance of the Anti-Inflationnary Act of October 1975. Three main questions are dealt with. First, was there an economic crisis in October 1975? Analysing various sets of data, the paper concludes that, by no stretch of imagination, could October 1975 be called an economic crisis. Second, was there a policy crisis in the sense that traditional methods had been tried and failed? It establishes here that no serious attempt had been made to contain inflation by traditional fiscal and monetary tools by October 1975. Third, what results can be expected from income policies? This part gives a summary of the voluminous evidence for the U.K. and the U.S., and concludes that the evidence of other incomes policies is that their effects on slowing the rate of inflation are small and often transitory.

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