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The Most Dangerous Justice Rides into the Sunset
Paul H. Edelman Vanderbilt University School of Law Jim Chen University of Louisville - Louis D. Brandeis School 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 Abstract: 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.
Keywords: voting behavior, elections, policy, Supreme Court, median justice JEL Classifications: KOO Accepted Paper SeriesDate posted: November 19, 2007 ; Last revised: December 07, 2007Suggested CitationContact Information
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