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Tactical Opinion Assignment and Voting in the Supreme Court

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Abstract:

Supreme Court Justices often change their minds between the initial vote in their private conference and
the final vote. We study what drives such changes, both for justices in the initial majority and those in the
initial minority, and what this can teach us about what drives their voting in general. The initial vote also
determines the initial majority coalition, within which the Chief Justice or other senior justice gets to assign
the initial majority opinion draft. How does this choice affect the final votes cast in the case, given the
justices initial positions? We test various hypotheses about how assignment tactics might affect voting.
While these hypotheses date back to Murphy (1964), we gain new leverage on them using an
improved research design which recognizes the strategic nature of such choices. We find that the nature of
the case being decided, the ideological configuration of the initial majority, and justice characteristics all
affect the likelihood of switching. We also show that assignment tactics strongly affect defections by
justices in the initial majority as well as defection by justices in the initial minority from their original
positions. These findings are discussed in light of recent theories of judicial choice and bargaining, raising
new puzzles for future study.

Most Common Document Word Stems:

justic (255), assign (172), q (168), vote (120), major (110), effect (103), initi (91), opinion (86), side (84), case (72), defect (72), coalit (66), switch (66), minor (63), model (57), assigne (56), margin (51), distanc (51), 1 (50), court (49), moder (45),

Author's Keywords:

Court, strategy, opinion, judicial
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Association:
Name: American Political Science Association
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http://www.apsanet.org


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MLA Citation:

Lax, Jeffrey. and Rader, Kelly. "Tactical Opinion Assignment and Voting in the Supreme Court" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-08 <http://www.allacademic.com/meta/p209004_index.html>

APA Citation:

Lax, J. R. and Rader, K. T. , 2007-08-30 "Tactical Opinion Assignment and Voting in the Supreme Court" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2011-06-08 from http://www.allacademic.com/meta/p209004_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Supreme Court Justices often change their minds between the initial vote in their private conference and
the final vote. We study what drives such changes, both for justices in the initial majority and those in the
initial minority, and what this can teach us about what drives their voting in general. The initial vote also
determines the initial majority coalition, within which the Chief Justice or other senior justice gets to assign
the initial majority opinion draft. How does this choice affect the final votes cast in the case, given the
justices initial positions? We test various hypotheses about how assignment tactics might affect voting.
While these hypotheses date back to Murphy (1964), we gain new leverage on them using an
improved research design which recognizes the strategic nature of such choices. We find that the nature of
the case being decided, the ideological configuration of the initial majority, and justice characteristics all
affect the likelihood of switching. We also show that assignment tactics strongly affect defections by
justices in the initial majority as well as defection by justices in the initial minority from their original
positions. These findings are discussed in light of recent theories of judicial choice and bargaining, raising
new puzzles for future study.

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Document Type: application/pdf
Page count: 39
Word count: 11099
Text sample:
Tactical Opinion Assignment and Voting in the Supreme Court Jeffrey R. Lax Kelly T. Rader Department of Political Science Department of Political Science Columbia University Columbia University JRL2124@columbia.edu KTR2102@columbia.edu August 28 2007 Abstract Supreme Court Justices often change their minds between the initial vote in their private conference and the final vote. We study what drives such changes both for justices in the initial majority and those in the initial minority and what this can teach us about what
The five justices in the initial majority are shown on the left and the four justices in the initial minority are shown on the right. The dots show predicted probabilities of defection and conformity for three different assignment possibilities. On the left lower values mean a greater chance of a final vote sticking with the initial majority disposition. On the right higher values mean a greater chance of a final vote switching to the initial majority position. The dark


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