Measuring Ideological Polarization on the Circuit Courts of Appeals 1953-2022

Bibliographic Data

ID6436415
AuthorsAlex Badas (0000-0002-6379-0375, University of Houston, corresponding author)
Year2024
Volume13
Issue2
Pages463-478
Publication date2024-11-20
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Law and Courts (JOURNAL)
Journal identifiersISSN: 2164-6589 • E-ISSN: 2164-6570
PublisherUniversity of Chicago Press (PUBLISHER • US)
DOI10.1017/jlc.2024.16
OpenAlexW4404549735
LanguageEN
Citations received3
References cited38

Attention to ideological polarization in the Circuit Courts of Appeals has surged in recent years. However, no valid cross-circuit cardinal measure of polarization has been established. The lack of a valid cross-circuit measure of polarization has limited scholar’s ability to evaluate broad trends in judicial polarization and address how ideological polarization influences judicial decision-making. To address this, I develop a new measure of ideological polarization for each of the Circuit Courts of Appeals between 1953 and 2022 using the polarization framework established by Esteban and Ray (1994). I then theorize that in order to uphold the norms of collegiality, more polarized courts are likely to take strategic actions to avoid breaking consensus. I show that polarized courts deliberate longer before releasing opinions, are less likely to give cases with a full hearing, and are less likely to publish justified and signed opinions. These results have implications for the efficiency, efficacy, and authority of the Circuit Courts of Appeals

Ideology · Polarization (electrochemistry · Political science · Politics · Chemistry · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Legal Education and Practice Innovations

Tools

Open DOIOpen Access