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(p. 557) Index
(p. 557) Index
abortion 13, 36, 129, 280, 313, 346, 367, 387, 450, 469–70, 495 see also cases, types of, abortion and pro-choice views and pro-life views
academics/academia viii–ix, 25n.15, 36, 55, 70, 75, 103, 112, 114, 116, 149, 210, 295–6, 299, 352, 485–6, 496, 541, 545–6, 550n.1, 551n.9
Acts
Court of Appeals Act (1891) 182n.2
appellate courts vi, 3, 6, 12–13, 138–9, 140, 142, 149–51, 155, 157, 161–4, 222, 232n.11, 259, 274, 294–5, 328, 353, 362, 365, 368, 406, 550 see also State courts, of appeal and U.S. circuit courts and U.S. courts of Appeals and U.S. Supreme Court
access to see access to courts
appellate judges 13, 136, 292–3, 295, 297, 351–2, 502, 516 see also federal courts of appeals judges
appointment (of judges) 3–4, 6, 14, 38, 42, 282, 400 see also confirmation (of judges) and nomination (of judges)
and the president v, 3–5, 11, 13, 16–23, 24n.6, 26n.22, 29–34, 37–42, 51, 71–4, 78–81, 83, 85, 87–8, 93–4, 286, 288, 303, 312–14, 325, 353, 400, 406, 407–11, 444, 529
and the Senate v, 3–4, 7, 15, 21, 23, 24nn.1 and 6, 25n.16, 29, 31–4, 37, 40, 42, 71, 74, 93–4, 314, 372, 407–8
Barghothi, A.J. 64n.18
Blacks/African Americans 20–1, 39, 291–2, 297, 418, 423, 442, 469, 493–4 see also defendants, black/African American and judges, race of and race
Blackstone, William
Boyd, Epstein and Martin
Bregnant, J. 502n.4
Brisbin, R.A. 231n.7
Burgess, John 551n.3
California 394n.4
campaign contributors/contributions 9–10, 25n.17, 49, 57–8, 60, 63, 64n.21, 249, 308, 313, 346, 355n.7, 361, 371–3, 516
campaigns
capital punishment 39, 42, 242, 305, 346, 356n.9, 367, 498 see also cases, types of, capital punishment
Carswell, Harrold G. 300n.1
case selection see cases, selection of
cases
conflation of 199n.6
number dealt with by individual courts see courts, capacity of
Champlin, Alan 316n.1
circuit judges 51, 71, 78, 81, 93, 95, 118n.5, 151, 161, 163, 176–7, 196, 240, 287 see also U.S. Circuit Courts
confirmation (of judges) see also appointment (of judges)
Congress 3, 35, 77, 150, 162, 194–5, 231n.2, 255, 258, 265, 267n.5, 307, 384, 393, 404, 427, 470, 547
and the judiciary 61, 75–6, 165n.7, 169–70, 178, 197, 214, 255, 257–65, 274, 279, 281–2, 329–30, 344, 348–50, 384–91, 394n.1, 412, 443–7, 464, 516, 549 see also U.S. Supreme Court, and Congress
members of see congressional members
Congressional Quarterly
conservatives 20, 106, 110, 181, 280, 303, 313–14, 351–4, 356n.15, 496 see also activists, conservative and interest groups, conservative and judges, conservative and New Right, the
Constitution, the 3, 152, 242, 271, 273, 276–7, 279–80, 391, 401, 406, 412, 418, 444, 448
Article I
context see environment/context
courtrooms
proceedings in
courts see also appellate courts and court system, the and federal courts and state courts and U.S. Circuit Courts and U.S. Courts of Appeals
(p. 564)
and U.S. District Courts and U.S. Supreme Court
access to see access to courts
constraint of vi, 220, 261, 263, 329–30, 344, 350, 367, 443–6, 464, 516 see also decisions (legal), constraints upon
and the executive see under executive, the
and the legislature see under legislature, the
legitimacy of see legitimacy, of courts
and the public see under public, the
Cross and Tiller
data viii, x, 16, 143, 304, 419, 450, 509, 514, 516–17, 519, 523, 530, 537, 539–40, 550, 552nn.14–15 and 24, 553n.24 see also opinion polls
decision-making 132, 153, 164, 186, 222, 241, 325, 464, 472, 483, 486–7, 489–94, 497–501, 502 and n.3 see also decisions (legal)
in district courts 137–9, 230, 363 see also decisions (legal), by federal courts and decisions (legal), by lower courts
decisions (legal) vii–ix, 101, 188–90, 199, 280, 325, 366, 388, 490, 502, 537, 540, 548 see also outcomes (legal) and votes (of justices) and voting behavior (of justices) and opinion writing and opinions
and case selection see cases, selection of
collective 355n.2
factors influencing vi–vii, 117, 138–9, 219, 228, 231, 237–8, 241–9, 258, 288–98, 303, 305, 320, 326, 332, 343, 366–7, 369, 371–3, 405, 483, 489–94, 500, 516–21, 529, 550 see also decisions (legal), constraints upon and decisions (legal), by the U.S. Supreme Court, factors affecting and judges, influences upon and U.S. Supreme Court justices, influences upon and votes (of justices), factors influencing
impact/implications of vii–viii, 228, 248, 364–6, 421–2, 460, 462, 464–7, 470–2, 515 see also judicial impact
by lower courts 170, 175, 181, 182n.3, 214, 220–7, 230–1, 239, 368, 392, 467–8, 471–2 see also opinions, of lower courts
overturned 138–9, 175, 178, 181, 221, 229, 239, 293, 326, 328, 344, 348, 389–90, 444, 464, 468, 489, 540
reactions to/reception of 131, 249, 349, 463–4, 466–7, 472 see also decisions (legal), by the U.S. Supreme Court, reception of
terms of
by the U.S. Supreme Court vii, 34, 56, 205, 210–11, 215, 222, 225, 227, 231n.4, 258, 260, 263–5, 280–2, 309, 327–9, 349, 353–4, 363, 366–7, 373, 392, 421–7, 432, 444–5, 449–50, 451nn.1 and 3, 452n.3, 463–4, 466–8, 470–2, 515, 539, 551n.4 see also decision-making, in the U.S. Supreme Court
factors affecting 197–9, 214, 259–61, 263–5, 287, 304–5, 309, 311, 316, 330, 348–9, 371, 405, 426, 447 see also votes (of justices), factors influencing
regarding which cases to hear 169, 174 see also under agenda-setting and judicial review and petitions
democracy 48, 62, 259, 276, 278–81, 283 and n.4, 322, 385, 393, 400, 408, 416, 422, 451, 461, 486 see also “counter-majoritarian difficulty”, the
Democrats 8, 11–12, 24nn.3 and 6, 309–14, 352, 433, 470, 548 see also appointment (of judges), and the president, Democratic presidents and judges, Democratic and U.S. Supreme Court justices, Democratic
district attorneys 64n.13
district judges 5, 71, 74, 78, 93, 95, 111, 117n.1, 129, 139, 142–3, 158
workload of see caseloads, of district judges
diversity see appointment (of judges), and diversity and minorities and nomination (of judges), and diversity criteria
double jeopardy 164n.3
Driscoll, A. 65n.25
Dwight, Theodore 551n.3
Dyke, A. 64n.14
“ecological validity” 502n.1
elections (national) 8–9, 14, 16, 23, 48, 308–10, 361, 445, 516 see also campaigns, presidential and politics, electoral
electorate, the see voters
elites 14, 16, 25n.17, 102, 106, 163, 311, 352, 420, 462
mobilization see strategy, “elite mobilization”
Ely, John Hart
environment/context vii, ix, 156, 289, 293, 326–7, 343–5, 354, 355 and n.2, 424, 466–7, 472, 490, 501
Epstein, Lee vii–ix, 6, 35, 51, 133, 137, 139, 213, 255, 261, 282, 297, 299, 307, 314, 322–4, 326, 329–30, 333n.1, 363, 367, 400, 405, 408, 445, 451n.3, 515–18, 530, 532n.2, 540–1, 550, 551n.9
Epstein and Knight
Epstein and Martin
executive branch, the 48, 255, 276, 280, 361, 364, 369, 399–400, 405, 410, 427, 437–8, 463 see also president, the
accountability of see accountability, of the president
(p. 568)
and the courts vii, 153–4, 274, 399–406, 410–11, 412 and n.1, 443–6, 463, 516 see also U.S. Supreme Court, and the president
Fallin, Mary 64n.17
federal courts v, 151–3, 186, 191, 225, 230, 274, 288, 326, 369, 391, 393, 406, 412n.1, 443, 472n.1 see also appellate courts and federal judges and trial courts and U.S. Circuit Courts and U.S. District Courts
access to see access to courts
lower v, 3, 10, 12, 81, 86, 138–9, 154, 178, 214–15, 230, 239, 293, 306, 328–9, 343–4, 386, 461, 467, 472n.4 see also circuit courts and U.S. District Courts
appointment of judges to see appointment (of judges), to lower federal courts
cases handled by see caseloads, of lower court judges
expectations of vi
federal judges ix, 15, 42, 92, 108, 115, 154, 181, 272–3, 296, 324, 352–3, 372, 442–3 see also circuit judges and district judges and federal judiciary, the and U.S. Supreme Court justices
directory of see Biographical Directory of Federal Judges
federal judiciary, the 9, 16–17, 83, 129, 137, 162, 199n.7, 273, 387, 409, 442–3, 463, 538 see also judiciary, the (as a branch of government)
(p. 569)
Garfield, James A.
Georgetown 356n.15
government, the x, 53–4, 102, 175, 194, 255–6, 273, 329, 345, 362, 393–4, 402, 404–5, 439, 441, 446–7, 465 see also legislature, the and state governments
and the economy 25n.9
Guthrie, Rachlinski and Wistrich
Hall, M.E.K. 472n.1
Harding, Warren G.
Hayes, Rutherford B.
Haynsworth, Clement Jr. 300n.1
Hooper, L. 165n.15
ideology vii–viii, 8, 11–12, 15–16, 22, 33, 35, 40, 106–7, 136–7, 144n.6, 154, 206, 215, 222–3, 237–9, 242, 249n.2, 260, 262, 265, 304–7, 311–13, 315, 322–3, 327, 348, 354, 366, 381–2, 388, 403, 410, 435–7, 441–2, 445–7, 466, 469, 471,
(p. 571)
495–6, 508–9, 511, 518, 539, 546–8, 553n.24
of judges see judges, attitudes of, ideological/political and judges, preferences of, ideological/political and U.S. Supreme Court, and ideology and voting behavior (of justices), and party/ideology
and the nomination of judges see nomination (of judges), party/ideology driven