This study examines whether or not justices of the U. S. Supreme Court select from the menu of doctrinal options suggested by case participants when they promulgate the law. The results show that justices almost always select their preferred legal doctrine from those offered by litigants and amici. The justices propensity to support one of these suggestions varies by the number of rules they are given, but not by the case's importance or the justice's ideology. The results suggests that legal policy is shaped by both the justices and those who appear before them.
Wofford, Claire B.
"Says Who?: Case Participants and Legal Doctrine in the U.S. Supreme Court,"
Journal of Political Science: Vol. 46
, Article 2.
Available at: https://digitalcommons.coastal.edu/jops/vol46/iss1/2
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