LITIGATION, JUDICIAL DEFERENCE, AND POLICY CHANGE

RICHARD A.L. GAMBITTA

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Judicial and Constitutional Studies American Constitutional Law and Politics Legal and Constitutional Studies

Abstract

Social scientists have reported extensively on the impact of Supreme Court decisions overturning public policy, but not on those sustaining it. This article stresses the need to study the impact of litigation, including the impact of losing lawsuits. Presenting data on the impact of San Antonio Independent School District v. Rodriguez, the article demonstrates how a losing lawsuit can produce positive policy change from the consumer's perspective. After comparing the policy aftermath of Rodriguez with that of two winning school‐finance cases, I suggest that the final judicial decision may not be the most significant event in litigation stimulating policy change.

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References

1965The Symbolic Uses of Politics.1978The Forms and Limits of Adjudication 2000Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker 1931PSYCHOPATHOLOGY AND POLITICS 1976The Role of the Judge in Public Law Litigation 1971Politics As Symbolic Action 1976The Supreme Court and National Policy Making 1970Private Wealth and Public Education

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1987Incorporating Multiple Actors and Guidance Instruments into Models of Regulatory Policymaking 2004Understanding judicial review and its impact

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