The Most Dangerous Justice Rides into the Sunset
Paul H. Edelman
Vanderbilt University - Law School
James Ming Chen
Michigan State University - College of Law
Constitutional Commentary, Vol. 24, p. 299, 2007
Vanderbilt Public Law Research Paper No. 07-32
Vanderbilt Law and Economics Research Paper No. 07-35
University of Louisville School of Law Legal Studies Research Paper Series
In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the top of our rankings, as he had done earlier. Our methods identify Justices Souter, Breyer and Ginsburg as being notable either for their influence or lack thereof. In addition, we rejoin the debate on the connection between being the median justice and being the most powerful one. We question whether even the most sophisticated methods of finding the median justice are adequate to the task of assessing power on the Court.
Number of Pages in PDF File: 22
Keywords: voting behavior, elections, policy, Supreme Court, median justice
JEL Classification: KOO
Date posted: November 19, 2007 ; Last revised: December 7, 2007
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