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Political Party Affiliation and Judges' Decisions

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  • Nagel, Stuart S.

Abstract

Several scholars within the public law field of political science have compiled data on differences in the backgrounds of American judges, but without attempting to correlate these characteristics with differences in the decisions of the judges. Other scholars have compiled data on the different decisional tendencies of American judges, but again without correlating these tendencies with differences in the backgrounds of the judiciary. The first purpose of this paper is to explore the empirical relationships between one background characteristic and fifteen areas of judicial decision-making. Political party affiliation was chosen as the one background characteristic because it is of particular interest to political scientists, and is an especially useful indicator for predicting how judges on bipartisan appellate courts will divide when they do not agree. The second purpose is to explore empirically the effectiveness of three judicial reforms (judicial appointment, non-partisan ballot, and long term of office) which are frequently advocated as means of decreasing partisan influences in judicial decisions.

Suggested Citation

  • Nagel, Stuart S., 1961. "Political Party Affiliation and Judges' Decisions," American Political Science Review, Cambridge University Press, vol. 55(4), pages 843-850, December.
    • Handle: RePEc:cup:apsrev:v:55:y:1961:i:04:p:843-850_12
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    Cited by:

    1. Aquilante, Tommaso, 2018. "Undeflected pressure? The protectionist effect of political partisanship on US antidumping policy," European Journal of Political Economy, Elsevier, vol. 55(C), pages 455-470.
    2. Liu, Chelsea, 2020. "Judge political affiliation and impacts of corporate environmental litigation," Journal of Corporate Finance, Elsevier, vol. 64(C).
    3. Mat McCubbins & Roger Noll & Barry Weingast, 2005. "The Political Economy of Law: Decision-Making by Judicial, Legislative, Executive and Administrative Agencies," Discussion Papers 04-035, Stanford Institute for Economic Policy Research.
    4. Paul Jesilow & Julianne Ohlander, 2010. "The Impact of Tort Reforms on the Sanctioning of Physicians by State Licensing Boards," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 7(1), pages 117-140, March.
    5. Gregory DeAngelo & Bryan C. McCannon, 2019. "Political competition in judge and prosecutor elections," European Journal of Law and Economics, Springer, vol. 48(2), pages 167-193, October.
    6. Aquilante, Tommaso, 2015. "Bureaucrats or Politicians? Political Parties and Antidumping in the US," MPRA Paper 70359, University Library of Munich, Germany.

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