We contribute to the literature on judicial independence and performance in the states by analyzing opinion clarity. Written opinions are the primary means of communication for state supreme court justices, and clarity is a core component of judicial performance. Using automated text analysis on a sample of state supreme court opinions from all 50 states, we find that variation in judicial retention systems is not associated with substantively meaningful differences in opinion clarity. Furthermore, elected judges do not seem to produce clearer opinions in salient cases notwithstanding the increased public visibility of those decisions. These results suggest that judges tend to conform to prevailing professional norms despite differing institutional pressures.
Why do some states diversify their supreme courts sooner than others? Using original data on the first black and female state supreme court justices, I contend that political and institutional pressures influence when states diversify their high courts. The results suggest that selection systems, institutions affecting turnover, and the appointment of political minorities to the United States Supreme Court are associated with states seating their first black and female justices. The findings have implications for our understanding of the political and institutional circumstances that promote judicial diversity.
Several themes characterize the state of American federalism. Increasing political polarization shapes preferences with respect to locating the vertical balance of power. To implement these preferences, the federal government is primarily relying on regulatory rollback and unilateral action. With Congress largely unable or unwilling to check the executive branch, states have pushed back on use of the tools of the administrative presidency through litigation. We address these themes through an analysis of voting and elections along with important policy developments from the previous year in the areas of immigration, health care, environmental policy, education, gun control, and criminal justice. We also review important federalism developments from the Supreme Court’s 2017 term.
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