Article2020

Measuring Subjective Ideological Disagreement with the US Supreme Court

51 citations0/0 files storedJournal of Law and Courts

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Judicial and Constitutional Studies Electoral Systems and Political Participation American Constitutional Law and Politics

Abstract

Abstract Conventional wisdom suggests that judicial legitimacy should be relatively unaffected by satisfaction with the ideological direction of judicial policy making. Recent studies challenge this assertion. The key to resolving this conundrum is estimating individual-level satisfaction with the ideological direction of judicial policy making reliably and validly. We examine the accuracy of several common measures of the concept. We find that 40% of the respondents repudiate their own scores on these measures. With this much systematic measurement error in such an important independent variable, the question of whether the Supreme Court’s institutional legitimacy is conditional on ideological agreement with its decisions must be reexamined.

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References

2005Psychological Perspectives on Legitimacy and Legitimation 1989A Directional Theory of Issue Voting 1985The Spatial Theory of Voting: An Introduction.1985Handbook of Survey Research 1992The Etiology of Public Support for the Supreme Court 2009The Nature of Political Ideology in the Contemporary Electorate 2003Measuring Attitudes toward the United States Supreme Court 2001National Economic Voting in U.S. Presidential Elections

Cited by

2024Losing legitimacy: The challenges of the Dobbs ruling to conventional legitimacy theory 2023Televised Oral Arguments and Judicial Legitimacy: An Initial Assessment 2021The Rights Paradox

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