Recent speculation about the Supreme Court’s rulings on the gay rights cases Hollingsworth et al. v. Perry et al., and US v. Windsor et al., has led some to warn of backlash—whereby a favorable gay rights ruling might lead to a surge of anti-gay opinion, which would ultimately set back […] Read more »
When businesses give judges money, they usually get the rulings they want
… In fact, according to a new report by Emory law professor and economist Joanna Shepherd, released by the left-leaning American Constitution Society, only three states grant lifetime tenure to judges on their highest court. … When judges are elected, that means they have to raise campaign money — a lot […] Read more »
No, a Sweeping Gay Marriage Ruling Won’t Trigger a Backlash
… For all the fervor around the issue, many supporters worry that a blanket declaration of a constitutional right to same-sex marriage would create a backlash, turning Americans against the cause. … In fact, there is now a good deal of research on how the public reacts to Court decisions, […] Read more »
How Opinion on Same-Sex Marriage Is Changing, and What It Means
The Supreme Court will hear arguments this week on two cases related to same-sex marriage, the first involving a California referendum that barred gay marriage, the other involving a federal law that prevents the government from recognizing same-sex unions. A variety of outcomes are possible, but it seems prudent to […] Read more »
Court Decisions and Trends in Support for Same-Sex Marriage (2009)
Patrick J. Egan (NYU) & Nathaniel Persily (Columbia Law School), The Polling Report, Aug. 17, 2009 The trends in public support for same-sex marriage should interest both those concerned about public attitudes toward gay rights and those with a larger interest in the way court decisions help shape public opinion. […] Read more »
‘Politicians in Robes’? Not Exactly, But . . .
… A book scheduled to be published in January by Harvard University Press provides the most comprehensive and detailed empirical analysis yet of the role played by ideology and political affiliation in judicial decision making. It is called “The Behavior of Federal Judges,” and it collects and analyzes a daunting […] Read more »