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How Do Justices Make Decisions? Models of Court Decision Making:

How Do Justices Make Decisions? Models of Court Decision Making:. Legal Model Judges make decisions based on stare decisis (precedent) Attitudinal Model Judges make decisions based on their own policy preferences Rational Choice Model Judges are utility maximizers. Supreme Court.

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How Do Justices Make Decisions? Models of Court Decision Making:

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  1. How Do Justices Make Decisions?Models of Court Decision Making: • Legal Model • Judges make decisions based on stare decisis (precedent) • Attitudinal Model • Judges make decisions based on their own policy preferences • Rational Choice Model • Judges are utility maximizers

  2. Supreme Court • The U.S. Supreme Court grants certiorari to a very small number of cases every year • Rule of Four • Interest Groups and other political actors file amicus curae briefs with the Court • Try to influence decision to grant cert (or not grant cert) • Also try to influence the decision

  3. Legal Model • Consistent with “judicial restraint” • Judges behave (grant certiorari, make decisions, etc.) based on legal precedent • Strict adherence to letter of the law • Judges do not impose their own personal policy preferences

  4. Attitudinal Model • Consistent with “judicial activism” • Judges behave based on their own personal policy preferences or ideology • When making a decision, judges are making comparisons between previous court decision under review and their own preferences

  5. Attitudinal Model • Decisions consistent with attitudinal model • Voting patterns consistent with policy preferences of justices • Other political actors believe that judges behave attitudinally • President appoints like-minded justices • Senate more likely to reject nominees • Supreme Court following public opinion • Replacement Theory

  6. Rational Choice Models • Judges act strategically in order to get preferred outcomes • Changing vote from original conference vote to final vote • Voting against policy preferences in order to get reelected (if elected judge) • Granting certiorari to cases so that the court will uphold preferred decisions

  7. Landmark Court Cases • Marbury v. Madison (1803) • McCulloch v. Maryland (1819) • Dredd Scott v. Sanford (1857) • Plessey v. Ferguson (1896) • Brown v. Board of Education of Topeka, Kansas (1954) • Roe v. Wade (1973)

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