Download e-book for iPad: Answering the Call of the Court: How Justices and Litigants by Vanessa A. Baird

By Vanessa A. Baird

ISBN-10: 0813925827

ISBN-13: 9780813925820

The U.S. best courtroom is the crucial instance of a courtroom that multiplied its schedule into coverage parts that have been as soon as reserved for legislatures. but students comprehend little or no approximately what reasons cognizance to numerous coverage components to ebb and move at the very best Court’s schedule. Vanessa A. Baird’s Answering the name of the courtroom: How Justices and Litigants Set the superb courtroom time table represents the 1st scholarly try and attach justices’ priorities, litigants’ recommendations, and combination coverage outputs of the U.S. excellent courtroom. so much earlier experiences at the ideal Court’s time table study case choice, yet Baird demonstrates that the agenda-setting approach starts lengthy earlier than justices decide upon which circumstances they are going to pay attention. while justices sign their curiosity in a selected coverage quarter, litigants reply via sponsoring well-crafted instances in these coverage parts. nearly 4 to 5 years later, the preferrred Court’s schedule in these components expands, with instances which are relatively extra politically vital and divisive than different instances the court docket hears. From problems with discrimination and loose expression to welfare coverage, from immigration to fiscal law, strategic supporters of litigation watch out to the objectives of excellent court docket justices and produce instances they could use to accomplish these ambitions. considering the fact that coverage making in courts is iterative, a number of well-crafted situations are wanted for courts to make finished coverage. Baird argues that judicial policy-making strength is determined by the activities of coverage marketers or different litigants who systematically reply to the priorities and personal tastes of very best courtroom justices.

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Groups that are dealing with a hostile environment on the Court might nevertheless be inspired to engage in litigation for the purpose of damage control. There might be legal issues that are important but are left unresolved and require additional attention. Or, alternatively, the Court may have settled certain issues with seeming finality, but these cases could nevertheless inspire additional litigation in adjacent issues within the same policy area. Supreme Court’s Policy Cycles 41 Another point that is important to make is that this process does not explain every case that reaches the Supreme Court.

Process. Such studies focus on whether justices choose cases with the intention of maximizing their policy influence in the process, whether the process is driven by purely legal factors, or whether there are inter- or intra-institutional factors that drive the decision to select a case. For example, Schubert (1959) reasoned that if justices made certiorari decisions with regard to their personal ideological preferences, then they would be more likely to grant certiorari to a case when they disagreed with the lower court’s decision so that they could overturn that lower court’s ruling.

While scholars may disagree about the extent to which activism on the part of justices has changed in the last century, this debate may not help to explain the causes of the ebb and flow of attention to various issues over time. Epp (1998) uses the case of the Indian Supreme Court to suggest that even when justices are politically motivated to protect the rights of ordinary citizens, they are incapable of making effective policy changes without a support structure to sponsor comprehensive litigation.

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Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda by Vanessa A. Baird

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