2019
DOI: 10.1177/1532673x18822312
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Public Opinion and Setting the Agenda on the U.S. Supreme Court

Abstract: Arguably the most influential power the U.S. Supreme Court has is the power to choose which cases to decide. This power allows the nation’s only unelected branch of government to choose either to weigh in on key political controversies or avoid them completely. Here, I take one of the first case-level looks at the role of public opinion in the Court’s agenda-setting process. I argue justices vote to hear cases when they are likely to agree with public opinion on the outcome and eschew cases when they are out o… Show more

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Cited by 6 publications
(3 citation statements)
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“…Some scholars argue that important court decisions, at least on some issues, can focus the attention of both elected officials and ordinary citizens on these issues (e.g., Rice 2020). However, others argue that the causal arrow points in the opposite direction, with courts responding to the preferences of elected officials and the mass public (e.g., Bryan 2020;Collins and Eshbaugh-Soha 2019). Thus, while a plausible case for court influence on issue salience can be made, many questions remain about the precise nature of these effects.…”
Section: Issue Salience Legal Consciousness and Judicial Impact In Th...mentioning
confidence: 99%
“…Some scholars argue that important court decisions, at least on some issues, can focus the attention of both elected officials and ordinary citizens on these issues (e.g., Rice 2020). However, others argue that the causal arrow points in the opposite direction, with courts responding to the preferences of elected officials and the mass public (e.g., Bryan 2020;Collins and Eshbaugh-Soha 2019). Thus, while a plausible case for court influence on issue salience can be made, many questions remain about the precise nature of these effects.…”
Section: Issue Salience Legal Consciousness and Judicial Impact In Th...mentioning
confidence: 99%
“…While Supreme Court Justices are not elected to office, and do not need to worry about pleasing the public to keep their positions, public opinion is nonetheless crucial to the success of the Court. The literature shows that justices issue decisions in line with public opinion to obtain support for their decisions (Bryan, 2020; Bryan & Kromphardt, 2016). Furthermore, justices are more likely to be responsive to public opinion when overall support of the Court is low (Bryan & Kromphardt, 2016; Collins & Cooper, 2016).…”
Section: The Shadow Docketmentioning
confidence: 99%
“…The concept of public opinion often overlaps with the concept of preference among researchers who focus on policy and politics (Bryan, 2019). Public opinion is a single noun as an opinion but refers to a plurality of things between the public (Steele & Breznau, 2019).…”
Section: Public Opinionmentioning
confidence: 99%