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"Over the past two decades, the United States has seen an intense
debate about the composition of the federal judiciary. Are judges
""activists""? Should they stop ""legislating from the bench""? Are
they abusing their authority? Or are they protecting fundamental
rights, in a way that is indispensable in a free society? Are
Judges Political? cuts through the noise by looking at what judges
actually do. Drawing on a unique data set consisting of thousands
of judicial votes, Cass Sunstein and his colleagues analyze the
influence of ideology on judicial voting, principally in the courts
of appeal. They focus on two questions: Do judges appointed by
Republican Presidents vote differently from Democratic appointees
in ideologically contested cases? And do judges vote differently
depending on the ideological leanings of the other judges hearing
the same case? After examining votes on a broad range of
issues--including abortion, affirmative action, and capital
punishment--the authors do more than just confirm that Democratic
and Republican appointees often vote in different ways. They inject
precision into an all-too-often impressionistic debate by
quantifying this effect and analyzing the conditions under which it
holds. This approach sometimes generates surprising results: under
certain conditions, for example, Democrat-appointed judges turn out
to have more conservative voting patterns than Republican
appointees. As a general rule, ideology should not and does not
affect legal judgments. Frequently, the law is clear and judges
simply implement it, whatever their political commitments. But what
happens when the law is unclear? Are Judges Political? addresses
this vital question. "
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