Surprisingly (Un)Inspiring Judicial Decisions: Lochner, Brown, Roe and Others

(Forthcoming) University of Illinois Law Review Online

10 Pages Posted: 21 Oct 2022

See all articles by Brian Christopher Jones

Brian Christopher Jones

University of Liverpool - School of Law & Social Justice

Date Written: October 17, 2022

Abstract

Supreme Court decisions may quickly and dramatically change the constitutional landscape, but can certain high-profile cases affect voter turnout? Examining landmark Court decisions throughout the years, such as Lochner, Brown, Roe, and others, this article finds that these remarkably important cases do not often result in increased voter turnout. Surprisingly, many of these decisions have been followed by decreased voter turnout or very marginal voter turnout increases, suggesting that they may often placate rather than energize the electorate. The piece considers both presidential and midterm elections, shedding new light on the intriguing interactions between the Court, politics, and the political process. It also briefly looks at other jurisdictions, such as the UK, to see how recent landmark UK Supreme Court decisions have impacted voter turnout.

Keywords: judicial review, voter turnout, SCOTUS, United States, United Kingdom, Lochner, Brown, Roe

Suggested Citation

Jones, Brian Christopher, Surprisingly (Un)Inspiring Judicial Decisions: Lochner, Brown, Roe and Others (October 17, 2022). (Forthcoming) University of Illinois Law Review Online, Available at SSRN: https://ssrn.com/abstract=4248130 or http://dx.doi.org/10.2139/ssrn.4248130

Brian Christopher Jones (Contact Author)

University of Liverpool - School of Law & Social Justice ( email )

Brownlow Hill
Liverpool, L69 3BX
United Kingdom

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