The Politics of Precedent on the U.S. Supreme Court
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"This is the most important book ever written regarding legal change in the Supreme Court. It will change the dialogue on this topic. The authors address a crucial question and relate it to two of the three theoretical models that currently interest Supreme Court scholars."—Saul Brenner, University of North Carolina, Charlotte, coauthor of Stare Indecisis: Alteration of Precedent on the Supreme Court, 1946-1992"This book makes an important contribution to the understanding of judicial behavior. Its authors carefully develop their theory and apply it to the treatment of precedent in an elegant way that leads to clear predictions about the Supreme Court's behavior."—Lawrence Baum, Ohio State University, author of The Supreme Court and American Courts: Process and Policy Mark S. Hurwitz - Political Science Quarterly The authors have done a commendable job in showing how both law and politics matter when the Supreme Court interprets precedent. . . . [Their] uncluttered explanation of the substance of their theory and findings makes The Politics of Precedent accessible to any student of the Supreme Court.
Ch. 1Introduction1Ch. 2Explaining the interpretation of precedent16Ch. 3Measuring the interpretation of precedent43Ch. 4The interpretation of precedent over time55Ch. 5The overruling of precedent78Ch. 6The interpretation of precedent in majority opinions93Ch. 7Lower federal court responses to the Supreme Court's interpretation of precedent109Ch. 8Concluding remarks and broader implications124
