Cited by 88Judicial and Constitutional StudiesElectoral Systems and Political ParticipationAmerican Constitutional Law and Politics

Estimating Judicial Ideology

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Bonica, Adam, Sen, Maya·2021·Journal of Economic Perspectives

Abstract

We review the substantial literature on estimating judicial ideology, from the US Supreme Court to the lowest state court. As a way to showcase the strengths and drawbacks of various measures, we further analyze trends in judicial polarization within the US federal courts. Our analysis shows substantial gaps in the ideology of judges appointed by Republican Presidents versus those appointed by Democrats. Similar to trends in Congressional polarization, the increasing gap is mostly driven by a rightward movement by judges appointed by Republicans. We conclude by noting important avenues for future research in the study of the ideology of judges.

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Crossref · 10.1257/jep.35.1.97

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  • There is a strong consensus among scholars of politics in the USA that liberal and conservative political elites have grown increasingly polarized over the past few decades.

    “For example, there is a strong consensus among scholars of politics in the USA that liberal and conservative political elites (including members of Congress, party activists, donors and judicial appointees) have grown increasingly polarized over the past few decades27–34.”
  • Issue or ideological polarization implies either symmetric polarization, in which two groups move in opposite, more extreme directions, or asymmetric polarization, in which one group becomes more extreme than the other.

    “This implies either that two groups — such as liberals and conservatives or leftists and rightists — are moving in opposite, more extreme directions (symmetric polarization) or that one group is becoming more extreme than the other (asymmetric polarization10,34,47,48,73–75).”
  • Liberals and conservatives differ in terms of system-justifying versus system-challenging motives, which might help to explain asymmetric polarization.

    “However, they differ in terms of system-justifying (versus system-challenging) motives, which might help to explain asymmetric polarization10,34,47,48,73,74.”
  • Historically speaking, polarization in the USA reflects social patterns that began with Southern realignment following civil rights legislation, the rise of single-issue interest groups, changes in campaign finance law, and the withdrawal of moderates from party politics and primary races, especially on the political right.

    “Historically speaking, polarization in the USA reflects social patterns that began with Southern realignment following civil rights legislation, the rise of single-issue interest groups, changes in campaign finance law, and the withdrawal of moderates from party politics and primary races, especially on the political right10,27,31,34,37,72,342,343).”

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Authors
Bonica, A., & Sen, M.
Affiliations
  • Stanford University (US)
  • Harvard University (US)
Venue
Journal of Economic Perspectives
Published
2021-02-01
Volume
35
Issue
1
Pages
97-118
ISSN
0895-3309 (ISSN-L)
OpenAlex
W3127776017
Cited by
88
References
0
Citations by year
2026: 14 · 2025: 17 · 2024: 18 · 2023: 28 · 2022: 4 · 2021: 4 · 2020: 1 · 2019: 1 · 2018: 1
FWCI
87.97
Type
journal article
Language
en
Open access
Locations
  • The Journal of Economic Perspectives (publishedVersion)
  • RePEc: Research Papers in Economics (submittedVersion)
Topics
  • Social Sciences › Law › Judicial and Constitutional Studies
  • Social Sciences › Political Science and International Relations › Electoral Systems and Political Participation
  • Social Sciences › Political Science and International Relations › American Constitutional Law and Politics
Keywords
judicial ideology, judicial polarization, United States federal courts, United States Supreme Court, state courts

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