Who is least influenced by public opinion

I test my theory of a semiconstrained Court in two separate analyses. First, I evaluate the influence of public opinion and elite preferences on the ideological outcome of Supreme Court decisions. Each of these analyses confirms that external pressures exert stronger influence when nonimplementation is a concern. Consequently, these external forces exert differential effects in different issue contexts. When the Court considers unimportant cases, the chance of strong public opposition is low; therefore, nonimplementation is unlikely and the justices can disregard external pressure.

Although numerous scholars have found that the Supreme Court is constrained, I find that constraint is a significant factor in only a small subset of its docket. My findings suggest that the U. Supreme Court is relatively independent when deciding cases related to criminal prosecution, civil liability, or judicial administration; however, the Court is more constrained when trying to alter policy beyond the control of lower courts, at least when those cases may potentially attract public interest.

As a result, studies of judicial independence should be conscious of the varying institutional contexts surrounding cases in different issue areas. Rather than search for universal tendencies of Supreme Court behavior, judicial scholars should be attentive to differences in judicial power and independence across different contexts. Matthew E. He specializes in American political institutions with an emphasis on judicial power and independence. Notify me of follow-up comments by email.

Notify me of new posts by email. Email Address. Current Issue — October Questions about submissions, reviews, replication process, and publication issues: Managing Editor Julia Salvatore ajps ajps. View the Full Editorial Board. The Supreme Court is constrained by public opinion in cases where the justices fear nonimplementation of their decisions February 23, by Leave a Comment. About the author Matthew E. Like this: Like Loading How has public opinion influenced the Supreme Court?

The Court may sometimes delay issuing a decision on a certain issue based on expected reaction by the public. The public indirectly chooses the justices themselves, who ultimately reflect public opinion in their decisions. One way in which the United States Supreme Court is insulated from public opinion is because justices are appointed by the President rather than elected by the people, so they do not have to worry about the opinions of voters.

The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges only seven have actually been removed from office , alter the organization of the federal court system, and amend the Constitution.

When the public strongly leans one way or the other, the Court typically agrees with the public. But additional legal, personal, ideological, and political influences weigh on the Supreme Court and its decision-making process.

The vast majority of cases—more than 90 percent—are heard in state courts. These include criminal cases or lawsuits involving state laws, as well as family law issues like marriage or divorce. State courts also hear cases that involve important state constitutional rights. Generally, a common law court system has trial courts, intermediate appellate courts and a supreme court.