Majority opinion

About: Majority opinion is a research topic. Over the lifetime, 4107 publications have been published within this topic receiving 54845 citations. The topic is also known as: opinion of the court.

Public Opinion and Senate Confirmation of Supreme Court Nominees

Abstract: Does public opinion influence Supreme Court confirmation politics? We present the first direct evidence that state-level public opinion on whether a particular Supreme Court nominee should be confirmed affects the roll-call votes of senators. Using national polls and applying recent advances in opinion estimation, we produce state-of-the-art estimates of public support for the confirmation of 10 recent Supreme Court nominees in all 50 states. We find that greater home-state public support does significantly and strikingly increase the probability that a senator will vote to approve a nominee, even controlling for other predictors of roll-call voting. These results establish a systematic and powerful link between constituency opinion and voting on Supreme Court nominees. We connect this finding to larger debates on the role of majoritarianism and representation.

The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Abstract: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, "The Most Activist Supreme Court in History" traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Patterns of Public Support for the Supreme Court: a Panel Study

Abstract: POLITICAL SUPPORT HAS, in the decade and a half since the publication of David Easton's A Systems Analysis of Political Life,' bid fair to join the handful of concepts central to political science. In 1966, we tried to tease from respondents to a national probability survey evidence of diffuse and specific support for the Supreme Court of the United States -and in several reports discussed the data developed and evaluated competing explanations for variations in diffuse support for the Court.2 Mindful of the risks in generalizing about sup-

Marshalling the Court: Bargaining and Accommodation on the United States Supreme Court

Abstract: Theory: Supreme Court opinion authors make strategic calculations about the need to craft opinions that are acceptable to their colleagues on the bench. Hypotheses: The willingness of justices to accommodate their colleagues depends upon the size and ideological makeup of the majority conference coalition and the number of suggestions and threats issued by their colleagues. These strategic considerations are important even after controlling for a series of nonstrategic factors, such as case complexity. Method: To examine the extent of accommodation in Supreme Court cases, we examine the number of draft opinions circulated by the majority opinion author. We use a Generalized Event Count model to determine whether strategic or nonstrategic efforts influence the amount of accommodation that occurs. Results: We show that accommodation is influenced strongly by strategic concerns-including the size of the majority conference coalition, the ideological distance of the author from the majority coalition, the ideological heterogeneity of the conference majority coalition, and the positions taken by majority coalition members and by nonstrategic factors, including the author's workload and the complexity of a case.