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Full Description
Examines the complex relationship between American public opinion and the U.S. Supreme Court.
Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions.
Contents
Preface
List of Figures
List of Tables
1. Public Opinion and Supreme Court Policy-Making
A Representative Court?
How Pollsters View the Court
How the Justices View Public Opinion
Judicial Theories of Public Opinion
Linking Public Opinion and the Rehnquist Court
Conclusion
2. Public Opinion and the Rehnquist Court
Studying Representation
Data Results
The State of Public Opinion Model
The Federal Policy Model
The State/Local Policy Model
Alternative Linkages
Conclusion
3. Judicial Norms, Representation, and Public Opinion
Ideology and Representation
Poll Correction and the Lower Courts
Judicial Activism, Judicial Restraint, and Representation
Caseload and Representation
Conclusion
4. Interest Groups, Representation, and Public Opinion
Interest Group Litigation and Public Opinion
Public Opinion and Litigant Success Rates
Conclusion
5. Justices and Representation
The Political Parties and Ideology Model
The Political Socialization Model
The Appointments Process Model
The Judicial Roles Model
The Tenure and Aging Model
The Realignment Model
Combining the Predictors
Conclusion
6. Symbolic Representation and the Court
The Politics of Symbolic Representation
Symbolic Representation on the Rehnquist Court
Conclusion
7. Did the Rehnquist Court Influence Public Opinion?
Public Impressions of the Court
The Short-Term Manipulation Model
The Long-Term Manipulation Model
Conclusion
8. Public Opinion and the Test of Time
Surviving the Test of Time
Data Analysis
Conclusion
9. An Empirical Model of Representation
The Majoritarian Court
Reconsidering the Evidence
An Empirical Linkage Model
Appendix One: Poll-to-Ruling Matches
Appendix Two: List of Cases
Notes
References
Index
