The Brethren as Baristas: Percolation and Spillover within the Supreme Court's Agenda
32 Pages Posted: 22 Feb 2011 Last revised: 12 Apr 2011
Date Written: April 10, 2011
The Court’s agenda is a finite resource. The Court can only accept so many cases given its institutional responsibility to screen thousands of petitions, allocate time for oral arguments, and then construct opinions to justify the decisions both to the legal community and the broader public. Consequently, the Supreme Court can chart long-term doctrinal development and policy priorities through its agenda, but as the Court uses case selection to pursue its policy goals the docket tends to take on a life of its own as future litigants respond to new precedents. In this paper, we examine the dynamics of the Supreme Court’s agenda by focusing on the way the Court provides agenda space to certain issue areas relative to others.
Keywords: supreme court, agenda, certiorari,percolation, Judiciary Act of 1925
JEL Classification: K00
Suggested Citation: Suggested Citation