7. How Do Justices Make Decisions? Models of Court Decision Making: Legal Model –Judges make decisions based on stare decisis (precedent) Attitudinal Model –Judges make decisions based on their own policy preferences Rational Choice Model –Judges are utility maximizers

8. Supreme Court The U.S. Supreme Court grants certiorari to a very small number of cases every year –Rule of Four –Interest Groups and other political actors file amicus curae briefs with the Court Try to influence decision to grant cert (or not grant cert) Also try to influence the decision

9. Legal Model Consistent with “judicial restraint” Judges behave (grant certiorari, make decisions, etc.) based on legal precedent –Strict adherence to letter of the law Judges do not impose their own personal policy preferences

10. Attitudinal Model Consistent with “judicial activism” Judges behave based on their own personal policy preferences or ideology –When making a decision, judges are making comparisons between previous court decision under review and their own preferences

11. Attitudinal Model Decisions consistent with attitudinal model –Voting patterns consistent with policy preferences of justices Other political actors believe that judges behave attitudinally –President appoints like-minded justices –Senate more likely to reject nominees Supreme Court following public opinion –Replacement Theory

14. Rational Choice Models Judges act strategically in order to get preferred outcomes –Changing vote from original conference vote to final vote –Voting against policy preferences in order to get reelected (if elected judge) –Granting certiorari to cases so that the court will uphold preferred decisions

15. Landmark Court Cases Marbury v. Madison (1803) McCulloch v. Maryland (1819) Dredd Scott v. Sanford (1857) Plessey v. Ferguson (1896) Brown v. Board of Education of Topeka, Kansas (1954) Roe v. Wade (1973)