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 language | English |
|---|---|
| Pages (from-to) | 699-714 |
| Number of pages | 16 |
| Journal | Northwestern University Law Review |
| Volume | 106 |
| Issue number | 2 |
| State | Published - 2012 |