Download PDF by Vanessa A. Baird: Answering the Call of the Court: How Justices and Litigants

By Vanessa A. Baird

ISBN-10: 0813925827

ISBN-13: 9780813925820

The U.S. ultimate courtroom is the necessary instance of a court docket that multiplied its time table into coverage components that have been as soon as reserved for legislatures. but students be aware of little or no approximately what motives consciousness to varied coverage parts to ebb and circulation at the ideal Court’s schedule. Vanessa A. Baird’s Answering the name of the court docket: How Justices and Litigants Set the splendid courtroom schedule represents the 1st scholarly try and attach justices’ priorities, litigants’ options, and combination coverage outputs of the U.S. best courtroom. so much prior reports at the ideal Court’s schedule research case choice, yet Baird demonstrates that the agenda-setting approach starts off lengthy sooner than justices opt for which instances they are going to listen. while justices sign their curiosity in a selected coverage sector, litigants reply by way of sponsoring well-crafted situations in these coverage components. nearly 4 to 5 years later, the very best 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 monetary rules, strategic supporters of litigation watch out to the objectives of ideal court docket justices and convey situations they could use to accomplish these ambitions. because coverage making in courts is iterative, a number of well-crafted instances are wanted for courts to make accomplished coverage. Baird argues that judicial policy-making strength relies on the activities of coverage marketers or different litigants who systematically reply to the priorities and personal tastes of ideally suited court docket justices.

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The next section of this chapter provides a summary of the literature that investigates what causes certain cases to be chosen over others. The implication of this section that is important for the rest of the book is that some cases are better than others in their policy importance, the case facts that they present, and the legal arguments made by the lawyers. S. Supreme Court have generally focused on the factors that drive case selection. Every year, thousands of cases arrive at the Court requesting a writ of certiorari.

Early in the twentieth century, the Court mostly focused on economic regulation and labor issues. Gradually, the Court turned its focus to free speech, religious liberties, discrimination, and criminal rights. Much of this attention to civil liberties and rights has since dwindled, and the Court has most recently reentered the debate about federalism and institutional power. In light of this description of history, Martin Shapiro slightly adjusts Tate and Vallinder’s (1995) conceptualization of the “judicialization of politics” in that judiciaries are not necessarily becoming more powerful in all issues simultaneously, but rather, judicialization represents an ebb and flow of attention to policy areas over time (1995).

Tanenhaus et al. (1963) developed what they called “cue theory” to explain how justices identify appropriate cases. They find that the level of conflict at the lower courts serves as a cue from which judges can infer the potential policy-making importance of a case. Many others have found evidence supporting this hypothesis, such as Songer (1979), Ulmer (1984), and Perry (1991). The participation of interest groups at the certiorari stage also affects whether a case will be selected. ” Such briefs are filed at the cert.

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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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