By Lee Epstein
The authors examine abortion and dying penalty judgements by way of the ideally suited courtroom and argue that they supply leading examples of abrupt criminal swap. After providing that the energy of felony arguments has a minimum of as a lot influence on courtroom judgements as do public opinion and justices' political views, they specialize in the best way litigators propel yes concerns onto the Court's schedule and search to cajole the justices to impact criminal swap.
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Additional info for The Supreme Court and Legal Change: Abortion and the Death Penalty (Thornton H Brooks Series in American Law and Society)
Sample text
Baum devised a technique (see Baum 1988) for comparing the ideological behavior of justices across Courts. These rankings represent the "adjusted scores" of 26 justices' pro-civil liberties voting in cases decided between the 1946 and 1985 terms. So, for example, Douglas's ranking of 1/26 asserts that he was the most liberal member of the Court during the period under analysis. cData are for nonunanimous cases decided between 1953 and 1969. dData are for nonunanimous cases decided between 1969 and 1986.
This became apparent, just sixteen days later, when he nominated John Paul Stevens. That the Ford administration was able to agree on a candidate so quickly was, in part, a testament to Stevens's impressive credentials. 11 He graduated first in his class at the University of Chicago, going on to co-edit the law review at Northwestern University. From there, he served as a clerk to Supreme Court Justice Wiley B. Rutledge, "one of the most liberal Justices ever to sit on the Court" (Sickels 1988, ix), and later joined a Chicago law firm where he became an expert on antitrust matters.
Neither did President Reagan completely re-draw the legal map by elevating his choices to the Supreme Court. Yet legal change, prompted from the bench of the Supreme Court, did occur during their presidenciessome of it not to their liking. Such change cannot, at least in total, be attributed to personnel changes. What this suggests is that shifts in the composition of the Supreme Court, though they can bring about legal change, do not necessarily produce it. Even so, students of the courts have tended to fix on personnel changes as the explanatory factor accounting for judicially driven doctrinal change.
