Agenda Setting in the Supreme Court: The Collision of Policy and Jurisprudence

Journal of Politics, Vol. 71, No. 3, pp. 1062-1075, July 2009

14 Pages Posted: 11 Mar 2010

See all articles by Ryan C. Black

Ryan C. Black

Michigan State University - Department of Political Science

Ryan J. Owens

University of Wisconsin - Madison - Department of Political Science

Date Written: July 1, 2009

Abstract

For decades, scholars have searched for data to show that Supreme Court justices are influenced not only by policy goals but also by legal considerations. Analyzing justices’ agenda-setting decisions, we show that while justices are largely motivated by policy concerns, jurisprudential considerations can prevail over their policy goals. When policy goals and legal considerations collide, policy gives way. If legal considerations and policy goals align toward the same end, law liberates justices to pursue policy. In short, we find that at the intersection of law and politics, law is both a constraint on and an opportunity for justices.

Suggested Citation

Black, Ryan C. and Owens, Ryan J., Agenda Setting in the Supreme Court: The Collision of Policy and Jurisprudence (July 1, 2009). Journal of Politics, Vol. 71, No. 3, pp. 1062-1075, July 2009, Available at SSRN: https://ssrn.com/abstract=1568394

Ryan C. Black

Michigan State University - Department of Political Science ( email )

East Lansing, MI 48824
United States

HOME PAGE: http://ryancblack.org

Ryan J. Owens (Contact Author)

University of Wisconsin - Madison - Department of Political Science ( email )

406 North Hall
1050 Bascom Mall
Madison, WI 53706
United States
608-263-2279 (Phone)

HOME PAGE: http://law.wisc.edu/profiles/rjowens@wisc.edu

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