1987Law & Society ReviewRequires access

Law, Politics, and Judicial Decision Making: Lower Federal Court Uses of Supreme Court Decisions

Charles A. Johnson

Open publisher page 99 citations

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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What this paper is about

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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OpenAlex reports 99 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available 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.

Key concepts: Law, Supreme court, Political science, Certiorari, Majority opinion, Judicial opinion, Politics, Original jurisdiction

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