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IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004

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Date Issued:
2010
Abstract/Description:
The influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of ÂÂ"judicial activismÂÂ" have occurred. Previous studies (Lindquist and Cross 2009) have operationalized judicial activism and have provided measures for studying behavior that may be considered activist (as opposed to restrainist), further supporting the premise that ideology trumps other extra-attitudinal and legal factors in the judicial decision-making process. While the attitudinal model indicates that ideology is the strongest predictor of judicial decision-making, this research will include a number of legal variables that have significantly influenced justicesÂÂ' votes. As previous studies have demonstrated, an integrated model that combines a number of critical variables can have more explanatory power than one that relies on attitudinal reasons alone (Banks 1999; Hurwitz and Stefko 2004; Mishler and Sheehan 1996). As such, the purpose of this research is to examine individual level decision-making of the most ideological justices on the Burger and Rehnquist Courts (1969-2004) in regards to their activist behavior to overrule legal precedents and invalidate federal statutes. This research will employ multivariate regression analysis to assess the effects of attitudinal, legal and extra-attitudinal factors in the judicial decision-making process.
Title: IDEOLOGICAL VOTING ON THE SUPREME COURT: AN ANALYSIS OF JUDICIAL ACTIVISM ON THE BURGER AND REHNQUIST COURTS, 1969-2004.
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Name(s): Larsen, Tiahna, Author
Lanier, Drew, Committee Chair
University of Central Florida, Degree Grantor
Type of Resource: text
Date Issued: 2010
Publisher: University of Central Florida
Language(s): English
Abstract/Description: The influence of ideology and attitudes on the decision-making process of Supreme Court justices has been well documented, such that the attitudinal model has emerged as the dominant paradigm for understanding judicial behavior. When ideology and personal preferences seem to eclipse legal factors, such as adherence to precedent and deference to the democratically-elected branches, outcries of ÂÂ"judicial activismÂÂ" have occurred. Previous studies (Lindquist and Cross 2009) have operationalized judicial activism and have provided measures for studying behavior that may be considered activist (as opposed to restrainist), further supporting the premise that ideology trumps other extra-attitudinal and legal factors in the judicial decision-making process. While the attitudinal model indicates that ideology is the strongest predictor of judicial decision-making, this research will include a number of legal variables that have significantly influenced justicesÂÂ' votes. As previous studies have demonstrated, an integrated model that combines a number of critical variables can have more explanatory power than one that relies on attitudinal reasons alone (Banks 1999; Hurwitz and Stefko 2004; Mishler and Sheehan 1996). As such, the purpose of this research is to examine individual level decision-making of the most ideological justices on the Burger and Rehnquist Courts (1969-2004) in regards to their activist behavior to overrule legal precedents and invalidate federal statutes. This research will employ multivariate regression analysis to assess the effects of attitudinal, legal and extra-attitudinal factors in the judicial decision-making process.
Identifier: CFE0003287 (IID), ucf:48531 (fedora)
Note(s): 2010-08-01
M.A.
Sciences, Department of Political Science
Masters
This record was generated from author submitted information.
Subject(s): Supreme Court
Judicial Activism
Attitudinal Model
Persistent Link to This Record: http://purl.flvc.org/ucf/fd/CFE0003287
Restrictions on Access: public
Host Institution: UCF

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