The Puzzle of Unanimity Consensus on the United States Supreme Court Pamela C. Corley, Amy Steigerwalt, and Artemus Ward |
2013, Available Now 216 pp. 19 tables, 12 figures. ISBN: 9780804784726
Cloth $50.00 ISBN: 9780804786324
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"In The Puzzle of Unanimity, the authors skillfully probe the sources of consensus on the Supreme Court and provide new insights on the considerations that shape the justices' choices. Their book is an important contribution to the understanding of judicial behavior."—Lawrence Baum, Ohio State University "The Puzzle of Unanimity is sure to be the definitive treatment of unanimity on the Supreme Court. By providing a persuasive theoretical account of unanimity and subjecting it to testing with both qualitative and quantitative research methods, Corley, Steigerwalt, and Ward answer a question that has vexed scholars for decades: why are justices from varying political orientations able to put aside their differences and reach agreement on some of the most pressing issues facing society?"—Paul M. Collins, Jr., University of North Texas The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences. |
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