How Do Justices Make Decisions?Models of Court Decision Making:
• Legal Model– Judges make decisions based on stare
decisis (precedent)• Attitudinal Model
– Judges make decisions based on their own policy preferences
• Rational Choice Model– Judges are utility maximizers
Supreme Court
• The U.S. Supreme Court grants certiorari to a very small number of cases every year– Rule of Four– Interest Groups and other political actors file
amicus curae briefs with the Court• Try to influence decision to grant cert (or not grant
cert)• Also try to influence the decision
Legal Model
• Consistent with “judicial restraint”• Judges behave (grant certiorari, make
decisions, etc.) based on legal precedent– Strict adherence to letter of the law
• Judges do not impose their own personal policy preferences
Attitudinal Model
• Consistent with “judicial activism”• Jeffrey Segal and Harold Spaeth• Judges behave based on their own
personal policy preferences or ideology– When making a decision, judges are making
comparisons between previous court decision under review and their own preferences
Attitudinal Model
• Decisions consistent with attitudinal model – Voting patterns consistent with policy
preferences of justices• Other political actors believe that judges
behave attitudinally– President appoints like-minded justices– Senate more likely to reject nominees
• Supreme Court following public opinion– Replacement Theory
Rational Choice Models
• Judges act strategically in order to get preferred outcomes– Changing vote from original conference vote
to final vote– Voting against policy preferences in order to
get reelected (if elected judge)– Granting certiorari to cases so that the court
will uphold preferred decisions
Top Related