Appellate Courts As Policy Makers By: Lawrence Baum Presentation By: Russell Mills PA-306 Public Policy Professor Josh Farley Presentation By: Russell Mills PA-306 Public Policy Professor Josh Farley

Introduction  Types of Courts  Courts as Policy Makers  Disturbance Rates  Appellate Court Agendas  Ideological History of the Court  Current Perspective  Types of Courts  Courts as Policy Makers  Disturbance Rates  Appellate Court Agendas  Ideological History of the Court  Current Perspective

Types of Courts and Focus  State Appellate Courts and State Supreme Courts (except Maryland and New York)  Federal Appellate Courts (Circuit Courts)  United States Supreme Court  State Appellate Courts and State Supreme Courts (except Maryland and New York)  Federal Appellate Courts (Circuit Courts)  United States Supreme Court

Courts As Policy Makers  Opportunity of Appellate Justices to promote specific values in opinions that become practiced law.  Content of policies by Appellate Court reflect ideological alliances  Opportunity of Appellate Justices to promote specific values in opinions that become practiced law.  Content of policies by Appellate Court reflect ideological alliances

Disturbance Rates  State Courts tend to affirm or pass over cases more than Federal Courts  In , US Supreme Court affirmed only 42 percent of the appellate court rulings  Deceptive nature of statistics in court cases (relative lack of intervention)  State Courts tend to affirm or pass over cases more than Federal Courts  In , US Supreme Court affirmed only 42 percent of the appellate court rulings  Deceptive nature of statistics in court cases (relative lack of intervention)

Appellate Court Agendas  State Court Focus- torts, criminal law and procedure, contract disputes, economic regulation, divorce  Federal appellate courts- Economic Regulation and Criminal Law  US Supreme Court- Civil liberties, Equal protection, economic regulation, Federalism  Inactivity in Some Areas (Foreign Policy)  State Court Focus- torts, criminal law and procedure, contract disputes, economic regulation, divorce  Federal appellate courts- Economic Regulation and Criminal Law  US Supreme Court- Civil liberties, Equal protection, economic regulation, Federalism  Inactivity in Some Areas (Foreign Policy)

Ideological History of Court  Conservative Era ( )  Cases dealt mainly with protecting rights of economic interests  Change in 1930’s when court ruled much of New Deal unconstitutional  Roosevelt’s court packing scheme  Legacy of FDR on shaping current judiciary  Conservative Era ( )  Cases dealt mainly with protecting rights of economic interests  Change in 1930’s when court ruled much of New Deal unconstitutional  Roosevelt’s court packing scheme  Legacy of FDR on shaping current judiciary

Ideological History of Court Cont.  Growth of liberalism ( ’s)  Court shifts from protecting economic interests to disadvantaged groups  State Courts- tort law, birth of “trial lawyers”  Why shift to liberalism?  Growth of liberalism ( ’s)  Court shifts from protecting economic interests to disadvantaged groups  State Courts- tort law, birth of “trial lawyers”  Why shift to liberalism?

Ideological History of Court Cont.  Rehnquist Court (1980s-2005)  The court of the 10th Amendment  Rise of Northeast and California Circuit Courts  Two types of Republican (Economic vs. Social)  Future of Roberts Court  Rehnquist Court (1980s-2005)  The court of the 10th Amendment  Rise of Northeast and California Circuit Courts  Two types of Republican (Economic vs. Social)  Future of Roberts Court

Current Perspective  Gonzales v. Oregon  Impact of decision on rest of country  Impact of Roberts and O’Connor  Gonzales v. Oregon  Impact of decision on rest of country  Impact of Roberts and O’Connor