Title

Dissensual Decision Making: Revisiting The Demise Of Consensual Norms Within The U.S. Supreme Court

Keywords

agenda; concurrence; dissent; Judiciary Act of 1925; norm of consensus; Supreme Court

Abstract

This analysis seeks to understand the decline of Supreme Court consensual norms often attributed to the failed leadership of Chief Justice Stone. A new unit of analysis-justice-level dissent and concurrence rates-supports an alternative view of observed increases in dissensual decision making. When these measures are estimated with time-series techniques, results offer evidence of multiple changepoints in this norm of the Court that both lead and lag Stone's elevation. Broader contextual explanations related to the alteration of the Court's discretionary issue agenda and its ideological and demographic composition also contribute to fractures in the once-unanimous voting coalitions. © 2012 University of Utah.

Publication Date

6-1-2013

Publication Title

Political Research Quarterly

Volume

66

Issue

2

Number of Pages

467-481

Document Type

Article

Personal Identifier

scopus

DOI Link

https://doi.org/10.1177/1065912912436880

Socpus ID

84876956688 (Scopus)

Source API URL

https://api.elsevier.com/content/abstract/scopus_id/84876956688

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