Linking Judicial Selection to Consensus

Abstract

This article focuses on differences in judicial ideology as an explanation of judicial consensus or disagreement in state supreme court decision making. First, state methods of judicial selection (election vs. appointment) are posited to influence the ideological composition of state supreme courts. Second, variations in ideological composition are related to the degree of consensus among judges on cases in the area of capital punishment. Factors other than selection mechanism and judicial ideology are considered as alternative explanations for differences in ideological composition and for the degree of judicial consensus. More broadly, state institutional characteristics, notably judicial selection mechanisms (election or appointment) are found to influence the authoritative presence of state supreme courts.

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