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The United States government, represented by the Office of the
Solicitor General, appears before the Supreme Court more than any
other litigant. The Office's link to the president, the arguments
it makes before the Court, and its ability to alter the legal and
policy landscape make it the most important Supreme Court litigant
bar none. As such, scholars must understand the Office's role in
Supreme Court decision making and, more importantly, its ability to
influence the Court. This book examines whether and how the Office
of the Solicitor General influences the United States Supreme
Court. Combining archival data with recent innovations in the areas
of matching and causal inference, the book finds that the Solicitor
General influences every aspect of the Court's decision making
process. From granting review to cases, selecting winning parties,
writing opinions, and interpreting precedent, the Solicitor
General's office influences the Court to behave in ways it
otherwise would not.
United States Supreme Court justices make decisions that have a
profound impact on American society. Empirical legal scholars have
portrayed justices as either single-minded or strategic seekers of
policy, and there is little room in these theories for things like
law, reputation, or personality. This book offers a fresh
perspective that will jar Supreme Court scholarship out of
complacency. It argues that justices' personalities influence their
behavior, which in turn influences legal development and the United
States Constitution. This impressive group of authors exhaustively
examine every part of the Court's decision-making process, and
focus on the trait of conscientiousness and how it influences
justices over nine different empirical contexts, from agenda
setting to writing the Court's opinions. The Conscientious Justice
is an important and comprehensive account of judging that
restructures existing approaches to analyzing the High Court.
United States Supreme Court justices make decisions that have a
profound impact on American society. Empirical legal scholars have
portrayed justices as either single-minded or strategic seekers of
policy, and there is little room in these theories for things like
law, reputation, or personality. This book offers a fresh
perspective that will jar Supreme Court scholarship out of
complacency. It argues that justices' personalities influence their
behavior, which in turn influences legal development and the United
States Constitution. This impressive group of authors exhaustively
examine every part of the Court's decision-making process, and
focus on the trait of conscientiousness and how it influences
justices over nine different empirical contexts, from agenda
setting to writing the Court's opinions. The Conscientious Justice
is an important and comprehensive account of judging that
restructures existing approaches to analyzing the High Court.
This book is the first study specifically to investigate the extent
to which US Supreme Court justices alter the clarity of their
opinions based on expected reactions from their audiences. The
authors examine this dynamic by creating a unique measure of
opinion clarity and then testing whether the Court writes clearer
opinions when it faces ideologically hostile and ideologically
scattered lower federal courts; when it decides cases involving
poorly performing federal agencies; when it decides cases involving
states with less professionalized legislatures and governors; and
when it rules against public opinion. The data shows the Court
writes clearer opinions in every one of these contexts, and
demonstrates that actors are more likely to comply with clearer
Court opinions.
The United States government, represented by the Office of the
Solicitor General, appears before the Supreme Court more than any
other litigant. The Office's link to the president, the arguments
it makes before the Court and its ability to alter the legal and
policy landscape make it the most important Supreme Court litigant
bar none. As such, scholars must understand the Office's role in
Supreme Court decision making and its ability to influence the
Court. It examines whether and how the Office of the Solicitor
General influences the United States Supreme Court. Combining
archival data with recent innovations in the areas of matching and
causal inference, the book finds that the Solicitor General
influences every aspect of the Court's decision-making process.
From granting review to cases, selecting winning parties, writing
opinions and interpreting precedent, the Solicitor General's office
influences the Court to behave in ways it otherwise would not.
This book is the first study specifically to investigate the extent
to which US Supreme Court justices alter the clarity of their
opinions based on expected reactions from their audiences. The
authors examine this dynamic by creating a unique measure of
opinion clarity and then testing whether the Court writes clearer
opinions when it faces ideologically hostile and ideologically
scattered lower federal courts; when it decides cases involving
poorly performing federal agencies; when it decides cases involving
states with less professionalized legislatures and governors; and
when it rules against public opinion. The data shows the Court
writes clearer opinions in every one of these contexts, and
demonstrates that actors are more likely to comply with clearer
Court opinions.
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