"Courting Multiple Audiences: The Strategic Selection of Legal Groundings by Judges on the U.S. Courts of Appeals." 2009. Justice System Journal 30: 14-33.
This study considers whether judges on the U.S. Courts of Appeals select legal groundings based on the expected responses of multiple audiences. It is hypothesized that judges use reasoning-process review when their policies depart from the preferences of higher-court judges and other actors who have the power to overturn their decisions, but use substantive groundings when they wish to broadcast their policies to judges in different circuits. The study uses the Judicial Common Space scores to compare panel ideologies with the preferences of Supreme Court justices, judges in other circuits, judges from the same circuit, and Congress. The results indicate that the choice of legal grounding does vary depending on a panel’s level of agreement with different actors, providing further empirical support for the strategic model of judicial behavior.
This study considers whether judges on the U.S. Courts of Appeals select legal groundings based on the expected responses of multiple audiences. It is hypothesized that judges use reasoning-process review when their policies depart from the preferences of higher-court judges and other actors who have the power to overturn their decisions, but use substantive groundings when they wish to broadcast their policies to judges in different circuits. The study uses the Judicial Common Space scores to compare panel ideologies with the preferences of Supreme Court justices, judges in other circuits, judges from the same circuit, and Congress. The results indicate that the choice of legal grounding does vary depending on a panel’s level of agreement with different actors, providing further empirical support for the strategic model of judicial behavior.
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