Case Salience and the Influence of External Constraints on the Supreme Court

Abstract

Abstract Recent scholarship suggests that Supreme Court decision making is significantly constrained by Congress and the public, often arguing that case salience is a key factor in the operation of these constraints. However, scholars have developed different theoretical expectations regarding the effects of case salience on justices and have found empirical support for mutually contradictory theories. Furthermore, these studies rely on an endogenous measure of case salience. I replicate two leading studies using a theoretically appropriate measure of case salience in order to shed new light on this important topic, finding evidence of constraint from the public in salient cases.

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