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Does Ideological Composition Matter? The Relationship Between Recruitment and Voting Behavior in The State Supreme Courts

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Abstract:

Academic and legal scholars often assert that consensus and unanimity strengthen the authoritative voice of courts both at the state and federal level (Rehnquist, 1996). With a more unified appearance, courts develop a commanding stance which strengthens both the legal precedent and clarity of law (Sheldon, 1999). Consensus among the state supreme courts, however, is anything but uniform, as state supreme court consensus varies widely from state to state. This investigation seeks to examine those forces that promote or hinder consensus, specifically evaluating the impact of court diversity and the range of justice ideology within the state supreme courts. State methods of judicial selection are posited to influence the ideological diversity of the state supreme courts by introducing different types of political actors. These actors vary by the different goals they possess based on the institutional environment and risks associated with office. Variations in court ideological cohesion are then assessed against varying levels of consensus in state high court outcomes. Taken together, the analysis illustrates how the politics of judicial selection influences the ideological complexion of courts, which in turn shapes the clarity of judicial outcomes. Where consensus contributes to increased clarity and durable judicial policy, the findings suggest that state institutional characteristics have a large influence on the authoritative presence of state courts of last resort through the method of selection for judicial candidates.

Most Common Document Word Stems:

court (255), state (203), ideolog (138), divers (105), select (105), suprem (91), judici (89), consensus (83), elect (69), appoint (62), within (60), offic (55), polit (51), unanim (50), judg (47), decis (47), impact (46), method (46), justic (41), level (40), case (38),

Author's Keywords:

judicial politics, subnational and state politics, and institutions
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Association:
Name: Southwestern Political Science Association
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http://www.swpsa.org


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MLA Citation:

Boyea, Brent. "Does Ideological Composition Matter? The Relationship Between Recruitment and Voting Behavior in The State Supreme Courts" Paper presented at the annual meeting of the Southwestern Political Science Association, New Orleans, LA, Fairmont Hotel, Mar 23, 2005 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p88855_index.html>

APA Citation:

Boyea, B. , 2005-03-23 "Does Ideological Composition Matter? The Relationship Between Recruitment and Voting Behavior in The State Supreme Courts" Paper presented at the annual meeting of the Southwestern Political Science Association, New Orleans, LA, Fairmont Hotel Online <.PDF>. 2009-05-25 from http://www.allacademic.com/meta/p88855_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Academic and legal scholars often assert that consensus and unanimity strengthen the authoritative voice of courts both at the state and federal level (Rehnquist, 1996). With a more unified appearance, courts develop a commanding stance which strengthens both the legal precedent and clarity of law (Sheldon, 1999). Consensus among the state supreme courts, however, is anything but uniform, as state supreme court consensus varies widely from state to state. This investigation seeks to examine those forces that promote or hinder consensus, specifically evaluating the impact of court diversity and the range of justice ideology within the state supreme courts. State methods of judicial selection are posited to influence the ideological diversity of the state supreme courts by introducing different types of political actors. These actors vary by the different goals they possess based on the institutional environment and risks associated with office. Variations in court ideological cohesion are then assessed against varying levels of consensus in state high court outcomes. Taken together, the analysis illustrates how the politics of judicial selection influences the ideological complexion of courts, which in turn shapes the clarity of judicial outcomes. Where consensus contributes to increased clarity and durable judicial policy, the findings suggest that state institutional characteristics have a large influence on the authoritative presence of state courts of last resort through the method of selection for judicial candidates.

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Associated Document Available Southwestern Political Science Association

Document Type: .PDF
Page count: 29
Word count: 9842
Text sample:
Does Ideological Composition Matter? The Relationship Between Recruitment and Voting Behavior in the State Supreme Courts. Brent D. Boyea Department of Political Science Rice University 6100 Main Street Houston TX 77005-1892 Presented at the 2005 Annual Meeting of the Southwestern Political Science Association New Orleans LA March 23-26 2004 "Does Ideological Composition Matter? The Relationship Between Recruitment and Voting Behavior in the State Supreme Courts." Abstract Academic and legal scholars often assert that consensus and unanimity strengthen the authoritative
TN CT OR CA 40% OH KY 30% UT WI MS NJ FL MI OK 20% 10% TX 0% 27


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