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

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