The U.S. Supreme Court typically rules on cases that present
complex legal questions. Given the challenging nature of its cases
and the popular view that the Court is divided along ideological
lines, it's commonly assumed that the Court routinely hands down
equally-divided decisions. Yet the justices actually issue
unanimous decisions in approximately one third of the cases they
decide.
Drawing on data from the U.S. Supreme Court database, internal
court documents, and the justices' private papers, "The Puzzle of
Unanimity" provides the first comprehensive account of how the
Court reaches consensus. Pamela Corley, Amy Steigerwalt, and
Artemus Ward propose and empirically test a theory of consensus;
they find consensus is a function of multiple,
concurrently-operating forces that cannot be fully accounted for by
ideological attitudes. In this thorough investigation, the authors
conclude that consensus is a function of the level of legal
certainty and its ability to constrain justices' ideological
preferences.
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