Law, Politics, and Judicial Decision Making: Lower Federal Court Uses of Supreme Court Decisions
Charles A. Johnson
Abstract
Charles A. Johnson
Abstract
Lower federal courts are crucial to the interpretation and implementation of Supreme Court decisions. Research demonstrates considerable variation in their responses to these decisions. Explanations of these responses are not well developed, and few efforts test competing hypotheses. My research tests the hypotheses derived from two models of lower court behavior—a legal model and a political model. The analysis demonstrates that the legal model accounts for more variation in the use of Supreme Court decisions by lower federal courts.
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Lower federal courts are crucial to the interpretation and implementation of Supreme Court decisions. Research demonstrates considerable variation in their responses to these decisions. Explanations of these responses are not well developed, and few efforts test competing hypotheses. My research tests the hypotheses derived from two models of lower court behavior—a legal model and a political model. The analysis demonstrates that the legal model accounts for more variation in the use of Supreme Court decisions by lower federal courts.
Key concepts: Law, Supreme court, Political science, Certiorari, Majority opinion, Judicial opinion, Politics, Original jurisdiction