Judicial Independence: Evidence from a Natural Experiment

23 Pages Posted: 10 Dec 2013

See all articles by Scott E. Graves

Scott E. Graves

National Center for State Courts

Robert M. Howard

Georgia State University

Pamela C. Corley

Vanderbilt University

Date Written: January 2014

Abstract

In this article, we directly test the presence of judicial independence by examining judicial recess appointees who have later been confirmed by the Senate to full‐time Article III judicial positions. Specifically, we compare the votes of recess‐appointed courts of appeals judges during their temporary appointment tenure with a similar period following Senate confirmation. We find substantial differences in pre‐ and postconfirmation voting, suggesting that the structural protections of the Constitution provide judges a certain amount of independence.

Suggested Citation

Graves, Scott E. and Howard, Robert Matthew and Corley, Pamela C., Judicial Independence: Evidence from a Natural Experiment (January 2014). Law & Policy, Vol. 36, Issue 1, pp. 68-90, 2014, Available at SSRN: https://ssrn.com/abstract=2365965 or http://dx.doi.org/10.1111/lapo.12014

Scott E. Graves (Contact Author)

National Center for State Courts ( email )

300 Newport Ave.
Williamsburg, VA 23185
United States

Robert Matthew Howard

Georgia State University ( email )

38 Peachtree Center Avenue
Suite 1005
Atlanta, GA 30303-4069
United States
404-413-6163 (Phone)
404-413-6156 (Fax)

Pamela C. Corley

Vanderbilt University ( email )

2301 Vanderbilt Place
Nashville, TN 37240
United States

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