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UMI^ Bell & Howell Information and beaming 300 North Zeeb Road, Ann Aitx)r, Mi 48106-1346 USA 800-521-0600 THE IMPACT OF INTEREST GROUPS ON JUDICIAL DECISION MAKING; A COMPARISON OF WOMEN’S GROUPS IN THE U.S. AND CANADA DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Lori Joanne Hausegger, B.A., M.A. ***** The Ohio State University 1999 Dissertation Committee: Approved by Professor Lawrence Baum, Advisor Professor Gregory Caldeiia Professor Elliot Slotnick Advisor Political Science Department UMI Number: 9941342 UMI Microform 9941342 Copyright 1999, by UMI Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. UMI 300 North Zeeb Road Ann Arbor, MI 48103 Copyright by Lori Joanne Hai^egger 1999 ABSTEIACT This project is a study of the determinants of judicial behaviour and judicial policy. It focuses on the impact of interest groups on judicial decisions and examines the success and influence of women’s interest groups before the American and Canadian Supreme Courts. The first part of the dissertation involves multivariate analyses of individual cases with decisions analyzed in terms of both outcomes (reversal or affirmance) and doctrines (judicial reasoning supporting the outcomes). The second part of the project shifts the focus to qualitative analyses of the development of doctrine in policy areas in order to examine the extent to which groups are successful and influential over the long term in the areas of interest to them. Those analyses consider development of judicial doctrine as well as legislative action on the same issues. The analyses in the first part of the project discovered that two of the three American groups studied were both successful and influential in terms of case outcomes. The Canadian group was also successful and influential at this level. However, none of the women’s groups were particularly influential at the case level in terms of doctrine. The second part of the project discovered that the women’s groups did have influence on the development of doctrine in the long term. The analyses also discovered that American models of judicial decision making do not have as much explanatory power in Canada at the individual case level. However, the Supreme Courts in both countries did appear to be ii influenced by similar factors over the long term. The study concluded that women’s groups’ litigation is worth the time and resources devoted to it. Ill To My Parents IV ACKNOWLEDGMENTS I would like to thank the various people and institutions that have supported me over the course of this project. The Social Science and Humanities Research Council of Canada (SSHRC) provided financial support throughout most of my Ph.D. program. The GSARA Travel Grant I received from the Graduate School at the Ohio State University allowed me to go to the Canadian Supreme Court to collect my data. The Presidential Fellowship they awarded me allowed me to concentrate on the dissertation during the last year of my program. The Department of Pohtical Science at Ohio State provided yearly funding which allowed me to pursue the Ph D. I would also like to thank the professors at the University of Calgary who encouraged me to come to Ohio State University and the various professors at Ohio State who helped make my years here so rewarding. A special thank you goes to Professors Gregory Caldeiia and Elliot Slotnick who have ta u ^ t me so much. Professor Caldeira has made me think harder about my own country than I ever have and has pointed out various areas to pursue. Professor Slotnick has always been willing to talk with me and has been a constant source of support in this endeavor. His advice on graduate school and placement has been invaluable. Rich Timpone, Greg Strizek, and Jan Box-Steffensmeier have provided quantitative help along the way - patiently answering my numerous questions and steering me in the right direction. Ian Brodie has answered Canadian questions throughout the years without complaint. Troy Riddell and Robert Roach have helped with the collection of some of the data used here and Troy in particular has been called on for advice at frequent intervals. Their friendship and support has helped me enormously. The Weisbergs have been a family away from home. Thank you for sharing Pippin and Frohlie with us and for making our time in Columbus wonderful. Thank you also to Carol Mock for being so generous with her time and her puppies. Without my weekly break the dissertation may never have been finished. And a thank you to all the Ohio State graduate students who have given me good memories of Ohio State. In particular, I would like to thank Deb Wituski, Greg Strizek and Matt Diascro, without whose fiiendship I would have never overcome my homesickness. I did not expect to leave grad school with life long fnends - 1 have been very fortunate. Thank you Deb for being there for me always and for all the fun times we’ve had. You’re the very best of friends. Most importantly I would like to thank my advisor, Larry Baum. He has devoted endless hours to reading my work. He has helped me puzzle out my project, and throughout the process has encouraged me and calmed my fears - always going beyond the call of duly without complaint. He has been the most important person in my academic career. No one has taught me more, shown me better habits or made me think as carefully. I caimot express how thankful I am to have had him as an advisor - or how happy I am to know him. Thank you Dr. Baum for everything. Finally I thank my family. Without the support of the Chuichs and the Hauseggers none of this would have been possible. Their belief in me has helped me finish this vi pursuit A special thank you to my proof reader - my father - without whom I am lost. And to my mother for her endless letters and cards which helped sustain me this far from home. Lastly, to Craig... we did it! Without you I would have been back in Calgaiy after two months. Thank you for your endless support and patience. Now the fun begins. Vll VITA June 8,1970 ..........................................Bom - Calgary, Alberta 1992...................................................... B.A. (HON), University of Calgary 1994...................................................... M.A. Political Science, University of Calgary 1994-1998............................................. Graduate Teaching and Research Associate, The Ohio State University 1999...................................................... Presidential Fellow, The Ohio State University PUBLICATIONS Lori Hausegger and Lawrence Baum (1999). “Inviting Congressional Action: A Study of Supreme Court Motivations in Statutory Interpretation.” American Journal o f Political Science A3: 162-185. Lori Hausegger and Lawrence Baum (1998). “Behind the Scenes: The Supreme Court and Congress in Statutory Interpretation.” In Great Theatre: The American Congress in the 1990s, eds. Herbert F. Weisberg and Samuel Patterson. New York, NY: Cambridge University Press. FIELDS OF STUDY Major Field: Political Science Studies in Judicial Politics vni TABLE OF CONTENTS Page Abstract............................................................................................................................... ii Dedication .......................................................................................................................... iv Acknowledgments ............................................................................................................... v Vita.................................................................................................................................. viii List of Tables..................................................................................................................... xi Chapters: 1. Introduction ......................................................................................................................1 1.1 Success: outcome and doctrine .........................................................4 1.2 Group influence in litigation