U.S. Supreme Court Decision Making, Case Salience, and the Attitudinal Model

Isaac Unah · Ange‐Marie Hancock

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

Abstract

Does case salience condition the role of ideological preferences in the decisions of U.S. Supreme Court justices? Does the attitudinal model of judicial behavior hold equally true in high salience and low salience cases? In this article, we analyze the role of case salience as a moderating influence on the explanatory capacity of the attitudinal model and test the strength of the model in high salience versus low salience contexts. Using civil rights votes during forty‐seven Supreme Court terms, from 1953 through 2000, we find that the attitudinal model is sensitive to case salience and that justices rely significantly more on ideological preferences when deciding high salience cases than low salience ones. Our findings represent an important qualification to the attitudinal model.

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References

1977The Measurement of Observer Agreement for Categorical Data 2002Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999 1993The Supreme Court and the Attitudinal Model 2001Crafting law on the Supreme Court: the collegial game 2000Measuring Issue Salience 1988Organized Interests and Agenda Setting in the U.S. Supreme Court 1992Logit Modeling 1992On the Nature of Supreme Court Decision Making

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2008The Consistency of Judicial Choice 2007The Solicitor General's Amicus Curiae Strategies in the Supreme Court 2010Measuring Case Salience in State Courts of Last Resort 2012Race and Gender Bias in Three Administrative Contexts: Impact on Work Assignments in State Supreme Courts 2015Making the Cases “Real”: Newspaper Coverage of U.S. Supreme Court Cases 1953–2004 20105 Judges as Members of Small Groups

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