2020Social Science QuarterlyRequires access

The Sum of its Parts: How Supreme Court Justices Disparately Shape Attention to Their Opinions

Ali S. Masood, Benjamin J. Kassow

Open publisher page 5 citations

Abstract

Objective While studies frequently examine the impact of the U.S. Supreme Court as an institution, little is known about how individual justices influence attention to their opinions. We investigate whether inherent differences in the majority opinions of individual justices result in certain justices being systematically more influential than their peers. Methods We advance a theory in which Supreme Court adoption of prior opinions is influenced by factors that relate to the identity of the authoring justice. To test these propositions, we explore the universe of the Supreme Court's signed majority opinions from 1986 to 2000. Results We find that intricate tendencies in opinion writing vary systematically by justice in key dimensions relating to their opinions. We also discover that differences among the justices exert an asymmetric impact on citation and adherence to precedent. Conclusion The findings offer important theoretical and normative implications toward a better understanding of the impact of Supreme Court justices on attentiveness to precedent and doctrinal development.

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What this paper is about

Objective While studies frequently examine the impact of the U.S. Supreme Court as an institution, little is known about how individual justices influence attention to their opinions. We investigate whether inherent differences in the majority opinions of individual justices result in certain justices being systematically more influential than their peers. Methods We advance a theory in which Supreme Court adoption of prior opinions is influenced by factors that relate to the identity of the authoring justice. To test these propositions, we explore the universe of the Supreme Court's signed majority opinions from 1986 to 2000. Results We find that intricate tendencies in opinion writing vary systematically by justice in key dimensions relating to their opinions. We also discover that differences among the justices exert an asymmetric impact on citation and adherence to precedent. Conclusion The findings offer important theoretical and normative implications toward a better understanding of the impact of Supreme Court justices on attentiveness to precedent and doctrinal development.

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Available abstract

Objective While studies frequently examine the impact of the U.S. Supreme Court as an institution, little is known about how individual justices influence attention to their opinions. We investigate whether inherent differences in the majority opinions of individual justices result in certain justices being systematically more influential than their peers. Methods We advance a theory in which Supreme Court adoption of prior opinions is influenced by factors that relate to the identity of the authoring justice. To test these propositions, we explore the universe of the Supreme Court's signed majority opinions from 1986 to 2000. Results We find that intricate tendencies in opinion writing vary systematically by justice in key dimensions relating to their opinions. We also discover that differences among the justices exert an asymmetric impact on citation and adherence to precedent. Conclusion The findings offer important theoretical and normative implications toward a better understanding of the impact of Supreme Court justices on attentiveness to precedent and doctrinal development.

Key concepts: Supreme court, Normative, Economic Justice, Majority opinion, Law, Identity (music), Test (biology), Concurring opinion

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