TY - JOUR
T1 - Opportunity and Overrides
T2 - The Effect of Institutional Public Support on Congressional Overrides of Supreme Court Decisions
AU - Nelson, Michael J.
AU - Uribe-McGuire, Alicia
N1 - Publisher Copyright:
© 2017, © 2017 University of Utah.
PY - 2017/9/1
Y1 - 2017/9/1
N2 - Existing theories of legislative-judicial relations emphasize the role of public support for the judiciary on the likelihood of legislative compliance. Although Congress can strengthen or weaken the Supreme Court’s decisions after initial compliance, the role of public support for the judiciary on subsequent legislative action is unclear. We develop a theory of legislative-judicial interactions, which suggests that Congress considers the court’s current level of public support when determining whether to override a Supreme Court decision. We test our theory using data on congressional overrides of US Supreme Court decisions, finding that high levels of public support for the court shield the court from hostile congressional action. The results underscore the vital role played by the public in interbranch relations, suggesting that public support plays a role in the legacy of a judicial decision beyond ensuring initial compliance.
AB - Existing theories of legislative-judicial relations emphasize the role of public support for the judiciary on the likelihood of legislative compliance. Although Congress can strengthen or weaken the Supreme Court’s decisions after initial compliance, the role of public support for the judiciary on subsequent legislative action is unclear. We develop a theory of legislative-judicial interactions, which suggests that Congress considers the court’s current level of public support when determining whether to override a Supreme Court decision. We test our theory using data on congressional overrides of US Supreme Court decisions, finding that high levels of public support for the court shield the court from hostile congressional action. The results underscore the vital role played by the public in interbranch relations, suggesting that public support plays a role in the legacy of a judicial decision beyond ensuring initial compliance.
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U2 - 10.1177/1065912917709353
DO - 10.1177/1065912917709353
M3 - Article
AN - SCOPUS:85026307805
SN - 1065-9129
VL - 70
SP - 632
EP - 643
JO - Political Research Quarterly
JF - Political Research Quarterly
IS - 3
ER -