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A Mere MachineThe Supreme Court, Congress, and American Democracy$
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Anna Harvey

Print publication date: 2013

Print ISBN-13: 9780300171112

Published to Yale Scholarship Online: January 2014

DOI: 10.12987/yale/9780300171112.001.0001

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Estimating the Effect of Elected Branch Preferences on Supreme Court Judgments

Estimating the Effect of Elected Branch Preferences on Supreme Court Judgments

Chapter:
(p.77) 3 Estimating the Effect of Elected Branch Preferences on Supreme Court Judgments
Source:
A Mere Machine
Author(s):

Anna Harvey

Publisher:
Yale University Press
DOI:10.12987/yale/9780300171112.003.0003

This chapter asks: irrespective of the frequency of elected branch sanctions, do federal judges defer to elected branch preferences in their decisions? This chapter, and the ones that follow, narrow the focus from the federal courts in general to the Supreme Court in particular. In recent years, legal historians have engaged in a lively debate over whether the justices of the Supreme Court defer to elected branch preferences in their decisions. This chapter looks at how quantitative analysts have approached the empirical question of estimating the Court's independence (or lack thereof) from elected branch preferences.

Keywords:   elected branch sanctions, federal judges, Supreme Court, legal historians, indenepdence

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