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A general approach for predicting the behavior of the Supreme Court of the United States

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  • Daniel Martin Katz
  • Michael J Bommarito II
  • Josh Blackman

Abstract

Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve 70.2% accuracy at the case outcome level and 71.9% at the justice vote level. More recently, over the past century, we outperform an in-sample optimized null model by nearly 5%. Our performance is consistent with, and improves on the general level of prediction demonstrated by prior work; however, our model is distinctive because it can be applied out-of-sample to the entire past and future of the Court, not a single term. Our results represent an important advance for the science of quantitative legal prediction and portend a range of other potential applications.

Suggested Citation

  • Daniel Martin Katz & Michael J Bommarito II & Josh Blackman, 2017. "A general approach for predicting the behavior of the Supreme Court of the United States," PLOS ONE, Public Library of Science, vol. 12(4), pages 1-18, April.
  • Handle: RePEc:plo:pone00:0174698
    DOI: 10.1371/journal.pone.0174698
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    2. Zhong, Weifeng & Chan, Julian & Ho, Kwan-Yuet & Lee, Kit, 2020. "Words Speak Louder Than Numbers: Estimating China’s COVID Severity with Deep Learning," Working Papers 10955, George Mason University, Mercatus Center.
    3. Zhong, Weifeng & Chan, Julian, 2020. "Predicting Authoritarian Crackdowns: A Machine Learning Approach," Working Papers 10464, George Mason University, Mercatus Center.
    4. Giansiracusa, Noah & Ricciardi, Cameron, 2019. "Computational geometry and the U.S. Supreme Court," Mathematical Social Sciences, Elsevier, vol. 98(C), pages 1-9.
    5. Bălan Carmen, 2018. "The Impact of Conversational Agents on Humans in Services: Research Questions and Hypotheses," International Conference on Marketing and Business Development Journal, The Bucharest University of Economic Studies, vol. 1(2), pages 33-55, December.
    6. Alain Marciano & Antonio Nicita & Giovanni Battista Ramello, 2020. "Big data and big techs: understanding the value of information in platform capitalism," European Journal of Law and Economics, Springer, vol. 50(3), pages 345-358, December.
    7. Amedeo Santosuosso & Giulia Pinotti, 2020. "Bottleneck or Crossroad? Problems of Legal Sources Annotation and Some Theoretical Thoughts," Stats, MDPI, vol. 3(3), pages 1-20, September.
    8. So-Hui Park & Dong-Gu Lee & Jin-Sung Park & Jun-Woo Kim, 2021. "A Survey of Research on Data Analytics-Based Legal Tech," Sustainability, MDPI, vol. 13(14), pages 1-24, July.
    9. , Aisdl, 2020. "Becoming Attuned," OSF Preprints j7f8y, Center for Open Science.
    10. Anthony Niblett, 2018. "Regulatory Reform in Ontario: Machine Learning and Regulation," C.D. Howe Institute Commentary, C.D. Howe Institute, issue 507, March.
    11. Yang, Guancan & Lu, Guoxuan & Xu, Shuo & Chen, Liang & Wen, Yuxin, 2023. "Which type of dynamic indicators should be preferred to predict patent commercial potential?," Technological Forecasting and Social Change, Elsevier, vol. 193(C).
    12. Ulenaers Jasper, 2020. "The Impact of Artificial Intelligence on the Right to a Fair Trial: Towards a Robot Judge?," Asian Journal of Law and Economics, De Gruyter, vol. 11(2), pages 1, August.
    13. Daniyal Alghazzawi & Omaimah Bamasag & Aiiad Albeshri & Iqra Sana & Hayat Ullah & Muhammad Zubair Asghar, 2022. "Efficient Prediction of Court Judgments Using an LSTM+CNN Neural Network Model with an Optimal Feature Set," Mathematics, MDPI, vol. 10(5), pages 1-30, February.
    14. Frederike Zufall & Rampei Kimura & Linyu Peng, 2021. "Towards a simple mathematical model for the legal concept of balancing of interests," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2021_09, Max Planck Institute for Research on Collective Goods, revised 19 Oct 2021.
    15. Prof. Dr.Sejdi Rexhepi & Mjellma Kadriu, 2018. "The Importance of Resource Assessment for Entrepreneurship and Local Economic Development in Kosovo," European Journal of Economics and Business Studies Articles, Revistia Research and Publishing, vol. 4, January -.
    16. Bruno Mathis, 2022. "Extracting Proceedings Data from Court Cases with Machine Learning," Stats, MDPI, vol. 5(4), pages 1-16, December.
    17. Mindock, Maxwell R. & Waddell, Glen R., 2019. "Vote Influence in Group Decision-Making: The Changing Role of Justices' Peers on the Supreme Court," IZA Discussion Papers 12317, Institute of Labor Economics (IZA).

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