Are even unanimous decisions in the United States Supreme Court ideological?

  • Lee Epstein
  • , William M. Landes
  • , Richard A. Posner

Research output: Contribution to journalComment/debate

7 Scopus citations

Abstract

The fact that a substantial percentage of Supreme Court decisions are unanimous is often used to undermine the theory that the Court's decisions are ideologically driven. We argue that if the ideological stakes in a case are small, even slight dissent aversion is likely to produce a unanimous decision. The data support this interpretation but also establish the existence of an ideological effect in unanimous decisions. These findings are consistent with a realistic conception of the Court as a mixed ideological-legalistic judicial institution.

Original languageEnglish
Pages (from-to)699-714
Number of pages16
JournalNorthwestern University Law Review
Volume106
Issue number2
StatePublished - 2012

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