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Defying the Supreme Court: The Impact of Overt Resistance to Landmark Legal Rulings

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  • Michael A. Zilis
  • Xander Borne

Abstract

Objective To explore the political impact of overt resistance to judicial rulings. Existing approaches to answering this question rely on a framework that overlooks important components of how resistance resonates in the modern era. Methods Focusing on the Supreme Court's ruling in Obergefell v. Hodges and resistance by local county clerks, we model the relationship between resistance and public opinion. We demonstrate that disobedience affected the media's framing of same‐sex marriage, changing it from an issue framed primarily around equal rights to one in which alternative, anti‐same‐sex marriage frames proliferated. We then use these frames to design an externally valid survey experiment, which we administer to a national sample. Results We find that resistance framing depresses support for same‐sex marriage and increases support for defying the Court. Conclusion The findings suggest that political resistance to the judiciary continues to resonate in the modern era, although not in the ways that many assume.

Suggested Citation

  • Michael A. Zilis & Xander Borne, 2021. "Defying the Supreme Court: The Impact of Overt Resistance to Landmark Legal Rulings," Social Science Quarterly, Southwestern Social Science Association, vol. 102(2), pages 920-938, March.
    • Handle: RePEc:bla:socsci:v:102:y:2021:i:2:p:920-938
    DOI: 10.1111/ssqu.12927
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    References listed on IDEAS

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    1. Joseph Daniel Ura, 2014. "Backlash and Legitimation: Macro Political Responses to Supreme Court Decisions," American Journal of Political Science, John Wiley & Sons, vol. 58(1), pages 110-126, January.
    2. Carrubba, Clifford J. & Clark, Tom S., 2012. "Rule Creation in a Political Hierarchy," American Political Science Review, Cambridge University Press, vol. 106(3), pages 622-643, August.
    3. Franklin, Charles H. & Kosaki, Liane C., 1989. "Republican Schoolmaster: The U.S. Supreme Court, Public Opinion, and Abortion," American Political Science Review, Cambridge University Press, vol. 83(3), pages 751-771, September.
    4. Chong, Dennis & Druckman, James N., 2010. "Dynamic Public Opinion: Communication Effects over Time," American Political Science Review, Cambridge University Press, vol. 104(4), pages 663-680, November.
    5. Jeffrey K. Staton & Georg Vanberg, 2008. "The Value of Vagueness: Delegation, Defiance, and Judicial Opinions," American Journal of Political Science, John Wiley & Sons, vol. 52(3), pages 504-519, July.
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