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An Empirical Study of the Ideologies of Judges on the Unites States
JUDGED BY THE COMPANY YOU KEEP: AN EMPIRICAL STUDY OF THE IDEOLOGIES OF JUDGES ON THE UNITED STATES COURTS OF APPEALS Corey Rayburn Yung* Abstract: Although there has been an explosion of empirical legal schol- arship about the federal judiciary, with a particular focus on judicial ide- ology, the question remains: how do we know what the ideology of a judge actually is? For federal courts below the U.S. Supreme Court, legal aca- demics and political scientists have offered only crude proxies to identify the ideologies of judges. This Article attempts to cure this deficiency in empirical research about the federal courts by introducing a new tech- nique for measuring the ideology of judges based upon judicial behavior in the U.S. courts of appeals. This study measures ideology, not by subjec- tively coding the ideological direction of case outcomes, but by determin- ing the degree to which federal appellate judges agree and disagree with their liberal and conservative colleagues at both the appellate and district court levels. Further, through regression analysis, several important find- ings related to the Ideology Scores emerge. First, the Ideology Scores in this Article offer substantial improvements in predicting civil rights case outcomes over the leading measures of ideology. Second, there were very different levels and heterogeneity of ideology among the judges on the studied circuits. Third, the data did not support the conventional wisdom that Presidents Ronald Reagan and George W. Bush appointed uniquely ideological judges. Fourth, in general judges appointed by Republican presidents were more ideological than those appointed by Democratic presidents. -
Anthony Kennedy
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is a retired American lawyer and jurist who served as an Associate Justice of the Supreme Court of Anthony Kennedy the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy became the Senior Associate Justice of the Court; he remained the Senior Associate Justice until his July 2018 retirement. Kennedy retired during the presidency of Donald Trump and was succeeded by his former law clerk, Brett Kavanaugh. Associate Justice of the Supreme Court of Kennedy authored the majority opinion in several important cases, including Boumediene v. Bush, Citizens United v. FEC, and four gay rights cases the United States (Romer v. Evans, Lawrence v. Texas, United States v. Windsor, and In office Obergefell v. Hodges). He also co-authored the plurality opinion in Planned Parenthood v. -
The Art of Judging
TENTH ANNUAL JUDICIAL SYMPOSIUM THE ART OF1 JUDGINGcelebrating0 1celebrating0 1celebrating0 ten years it’s 10th year our 10th year NATIONAL FOUNDATION FOR JUDICIAL EXCELLENCE 1CELEBRATING0 TEN YEARS Course Materials July 2014 All views, opinions and conclusions expressed are those of the authors and/or speakers, and do not necessarily reflect the opinion and/or policy of NFJE and its leadership. © 2014 by NFJE 55 West Monroe Street, Suite 2000 Chicago, Illinois 60603 All rights reserved. No part of this product may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without the express written permission of NFJE unless such copying is expressly permitted by fed- eral copyright law. Produced in the United States of America Course Materials Table of Contents The Will of the People: ........................................................................................................................1 How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution Barry E. Friedman Court Funding—The New Normal .................................................................................................17 Robert N. Baldwin Financial Influences on the Judiciary .............................................................................................33 Honorable Wallace B. Jefferson Financial Influences on the Judiciary .............................................................................................67 -
Choosing the Next Supreme Court Justice: an Empirical Ranking of Judicial Performance†
Choosing the Next Supreme Court Justice: † An Empirical Ranking of Judicial Performance Stephen Choi* ** Mitu Gulati † © 2004 Stephen Choi and Mitu Gulati. * Roger J. Traynor Professor, U.C. Berkeley Law School (Boalt Hall). ** Professor of Law, Georgetown University. Kindly e-mail comments to [email protected] and [email protected]. Erin Dengan, Édeanna Johnson-Chebbi, Margaret Rodgers, Rishi Sharma, Jennifer Dukart, and Alice Kuo provided research assistance. Kimberly Brickell deserves special thanks for her work. Aspects of this draft benefited from discussions with Alex Aleinikoff, Scott Baker, Lee Epstein, Tracey George, Prea Gulati, Vicki Jackson, Mike Klarman, Kim Krawiec, Kaleb Michaud, Un Kyung Park, Greg Mitchell, Jim Rossi, Ed Kitch, Paul Mahoney, Jim Ryan, Paul Stefan, George Triantis, Mark Seidenfeld, and Eric Talley. For comments on the draft itself, we are grateful to Michael Bailey, Suzette Baker, Bill Bratton, James Brudney, Steve Bundy, Brannon Denning, Phil Frickey, Michael Gerhardt, Steve Goldberg, Pauline Kim, Bill Marshall, Don Langevoort, Judith Resnik, Keith Sharfman, Steve Salop, Michael Seidman, Michael Solimine, Gerry Spann, Mark Tushnet, David Vladeck, Robin West, Arnold Zellner, Kathy Zeiler, Todd Zywicki and participants at workshops at Berkeley, Georgetown, Virginia, FSU, and UNC - Chapel Hill. Given the unusually large number of people who have e-mailed us with comments on this project, it is likely that there are some who we have inadvertently failed to thank. Our sincerest apologies to them. Disclosure: Funding for this project was provided entirely by our respective law schools. One of us was a law clerk to two of the judges in the sample: Samuel Alito of the Third Circuit and Sandra Lynch of the First Circuit. -
The Political Ideologies of Law Clerks and Their Judges
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2016 The olitP ical Ideologies of Law Clerks and their Judges Adam Bonica Adam S. Chilton Jacob Goldin Kyle Rozema Maya Sen Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adam Bonica, Adam S. Chilton, Jacob Goldin, Kyle Rozema & Maya Sen, " The oP litical Ideologies of Law Clerks and their Judges" (Coase-Sandor Working Paper Series in Law and Economics No. 754, 2016). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Political Ideologies of Law Clerks and their Judges Adam Bonica, Adam Chilton, Jacob Goldin, Kyle Rozema, & Maya Sen∗ February 29, 2016 We study the political ideology of judicial law clerks using a novel dataset that combines the most comprehensive data sources on political ideology and the identity of U.S. federal law clerks. First, we examine the distribu- tion of clerks' ideology and find that clerks tend to be disproportionately liberal, with clerks on lower courts being more liberal on average than clerks for higher courts. Second, we find that judges tend to consistently hire clerks with similar ideologies and that those ideologies track available measures of the judge's own ideology. -
United States Court of Appeals for the First Circuit
Case: 17-2218 Document: 00117347455 Page: 1 Date Filed: 10/03/2018 Entry ID: 6202997 United States Court of Appeals For the First Circuit No. 17-2218 JOSEPH A. BEBO, Petitioner, Appellant, v. SEAN MEDEIROS, Acting Superintendent, Respondent, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Patti B. Saris, U.S. District Judge] Before Lynch, Selya, and Lipez, Circuit Judges. Elizabeth Prevett, with whom Federal Defender Office was on brief, for petitioner. Thomas E. Bocian, Assistant Attorney General, Criminal Bureau, with whom Maura Healey, Attorney General of Massachusetts, was on brief, for respondent. October 3, 2018 Case: 17-2218 Document: 00117347455 Page: 2 Date Filed: 10/03/2018 Entry ID: 6202997 SELYA, Circuit Judge. With respect to federal habeas review of state criminal convictions, Congress has ordained an especially deferential standard of review, which compels us to look only at federal constitutional law as clearly established by the Supreme Court. See 28 U.S.C. § 2254(d)(1). This deferential standard sometimes results in situations in which a state court ruling may be deemed to pass constitutional muster on habeas review even though an identical federal court ruling might be deemed reversible error on direct review under circuit precedent. Thus, the question of what our circuit's case law would suggest is not before us in this habeas case. Based on Supreme Court case law, we conclude that the challenged state court ruling was neither contrary to nor an unreasonable application of clearly established federal law. Consequently, we affirm the district court's dismissal of the habeas petition. -
Lower Courts of the United States
68 U.S. GOVERNMENT MANUAL The library is open to members of the bar of the Court, attorneys for the various Federal departments and agencies, and Members of Congress. Only members of the bar of the Court may practice before the Supreme Court. The term of the Court begins, by law, the first Monday in October of each year and continues as long as the business before the Court requires, usually until about the end of June. Six members constitute a quorum. Approximately 7,000 cases are passed upon in the course of a term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice. Jurisdiction According to the and Fact, with such Exceptions, and Constitution (art. III, sec. 2), ``[t]he under such Regulations as the Congress judicial Power shall extend to all Cases, shall make.'' in Law and Equity, arising under this Appellate jurisdiction has been Constitution, the Laws of the United conferred upon the Supreme Court by States, and Treaties made, or which shall various statutes, under the authority be made, under their Authority;Ðto all given Congress by the Constitution. The Cases affecting Ambassadors, other public Ministers and Consuls;Ðto all basic statute effective at this time in Cases of admiralty and maritime conferring and controlling jurisdiction of Jurisdiction;Ðto Controversies to which the Supreme Court may be found in 28 the United States shall be a Party;Ðto U.S.C. 1251, 1253, 1254, 1257±1259, Controversies between two or more and various special statutes. -
Measuring Judicial Ideology Using Law Clerk Hiring
Measuring Judicial Ideology Using Law Clerk Hiring Adam Bonica, Adam Chilton, Jacob Goldin, Kyle Rozema, & Maya Sen∗ July 21, 2016 ∗Bonica: Stanford University, Department of Political Science, e-mail: [email protected]. Chilton: University of Chicago Law School, e-mail: [email protected]. Goldin: Stanford Law School, e-mail: js- [email protected]. Rozema: Northwestern University Pritzker School of Law, e-mail: [email protected]. Sen: Harvard University, John F. Kennedy School of Government, e-mail: maya [email protected]. For helpful com- ments, we are grateful to Omri Ben-Shahar, Erin Delaney, Joshua Fischman, Tom Ginsburg, William Hubbard, Tonja Jacobi, Jim Lindgren, Robin Kar, Anup Malani, Jonathan Masur, Richard McAdams, Jennifer Nou, Eric Posner, Max Schanzenbach, Matt Spitzer, Eugene Volokh, and seminar participants at the University of Chicago Law School and at the Northwestern University Pritzker School of Law. We are grate- ful to Dan Katz for providing data on the identities of district court and circuit court clerks. Abstract We present a new measure of judicial ideology based on judicial hiring behavior. Specifically, we utilize the ideology of the law clerks hired by federal judges to estimate the ideology of the judges themselves. These Clerk-Based Ideology (CBI) scores complement existing measures of ju- dicial ideology in several ways. First, CBI scores can be estimated for judges across the federal judicial hierarchy. Second, CBI scores can cap- ture temporal changes in ideology. Third, CBI scores avoid case selection and strategic behavior concerns that plague existing vote-based measures. We illustrate the promise of CBI scores through a number of applications. -
Copyright (C) 2011 Northwestern University School of Law Northwestern University Law Review Winter, 2011 105 Nw. U.L. Rev. 1
Page 1 Copyright (c) 2011 Northwestern University School of Law Northwestern University Law Review Winter, 2011 105 Nw. U.L. Rev. 1 FLEXING JUDICIAL MUSCLE: AN EMPIRICAL STUDY OF JUDICIAL ACTIVISM IN THE FEDERAL COURTS Corey Rayburn Yung* BIO: * Associate Professor of Law at The John Marshall Law School. For their helpful comments and suggestions, I would like to thank Frank Cross, Chief Judge Frank H. Easterbrook, Joshua Fischman, Craig Green, Andrew D. Martin, Sandy Olken, Judge Richard A. Posner, Lori Ringhand, David L. Schwartz, Carolyn Shapiro, the participants at the Southeastern Association of Law Schools Empirical Legal Studies Workshop, and the commentators at the Law & Society Associa- tion Annual Meeting and Conference on Empirical Legal Studies. For their diligent research, work, and technical support, I would especially like to thank Robert Breslin, Daniel Calandriello III, Ram- sey Donnell, Sandra Esposito, Christopher Hack, Miguel Larios, Raizel Liebler, Stephanie Lieber- man, and James Yung. Lastly, I want to thank John Corkery, Ralph Ruebner, and The John Mar- shall Law School without whose incredible support this project would not have been possible. [*2] Introduction Immediately following President Obama's nomination of then-Judge Sonia Sotomayor to replace Justice Souter on the U.S. Supreme Court, critics branded her a "judicial activist" n1 who would work without regard to the "rule of law." n2 Former House Majority Leader Tom DeLay contended that President Obama "couldn't have appointed a more activist judge" and that Sotomayor's activism made her unqualified for a seat on the Court. n3 Karl Rove said the Republicans could win the bat- tle against Sotomayor by "making a clear case against the judicial activism she represents." n4 On the first day of Sotomayor's confirmation hearings, Senator Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, proclaimed her to be an "activist judge that threatens the traditional foundation of the U.S. -
Judicial Branch
JUDICIAL BRANCH SUPREME COURT OF THE UNITED STATES One First Street, NE., Washington, DC 20543 phone (202) 479–3000 JOHN G. ROBERTS, JR., Chief Justice of the United States, was born in Buffalo, NY, January 27, 1955. He married Jane Marie Sullivan in 1996 and they have two children, Josephine and Jack. He received an A.B. from Harvard College in 1976 and a J.D. from Harvard Law School in 1979. He served as a law clerk for Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1979–80 and as a law clerk for then Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 term. He was Special Assistant to the Attorney General, U.S. Department of Justice from 1981–82, Associate Counsel to President Ronald Reagan, White House Coun- sel’s Office from 1982–86, and Principal Deputy Solicitor General, U.S. Department of Justice from 1989–93. From 1986–89 and 1993–2003, he practiced law in Washington, DC. He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003. President George W. Bush nominated him as Chief Justice of the United States, and he took his seat September 29, 2005. CLARENCE THOMAS, Associate Justice, was born in the Pin Point community near Savannah, Georgia on June 23, 1948. He attended Conception Seminary from 1967–68 and received an A.B., cum laude, from Holy Cross College in 1971 and a J.D. from Yale Law School in 1974. -
The Beauty of Conservatism the Seduction of Ann Coulter and the Cuckolding of Conscience
The Beauty of Conservatism The Seduction of Ann Coulter and the Cuckolding of Conscience Daniel Borchers The Beauty of Conservatism The Seduction of Ann Coulter and the Cuckolding of Conscience Daniel J. Borchers Citizens for Principled Conservatism The Beauty of Conservatism: The Seduction of Ann Coulter and the Cuckolding of Conscience © 2011 Daniel Borchers First printing: December 8, 2011 All rights reserved. Written permission must be secured from the publisher to use or reproduce any part of this book, except for brief quotations in critical reviews or articles. Citizens for Principled Conservatism believes that the nature and use of the photos, cartoons, and graphics provided in this book which are not in the public domain or not the property of the publisher constitutes “fair use” of any such material as provided for in section 107 of the U.S. Copyright Act. This material is intended primarily for educational purposes and is distributed freely. Unless otherwise noted, all Scripture quotations are taken from the New King James Version. Copyright © 1982 by Thomas Nelson, Inc. Used by permission. All rights reserved. Front and back cover design: Daniel Borchers Front cover photo: Americanpowerblog.blogspot.com, 2/11/11 Back cover photo: Politico.com, 2/14/11 All other photos obtained from the Internet and other open sources. Published by Citizens for Principled Conservatism. Printed in the United States of America. Daniel Borchers, President Citizens for Principled Conservatism P.O. Box 506 Odenton, MD 21113 www.CoulterWatch.com [email protected] 240-476-9690 Open rebuke is better than secret love. – Proverbs 27:5 (KJV) Table of Contents Preface: Alamo Remembered ............................................................................................. -
United States Courts of Appeals
UNITED STATES COURTS OF APPEALS First Judicial Circuit (Districts of Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island).—Chief Judge: Jeffrey R. Howard. Circuit Judges: Juan R. Torruella; Sandra L. Lynch; O. Rogeriee Thompson; William J. Kayatta, Jr.; David J. Barron. Senior Circuit Judges: Bruce M. Selya; Michael Boudin; Norman H. Stahl; Kermit V. Lipez. Circuit Executive: Susan J. Goldberg (617) 748–9614. Clerk: Margaret Carter (617) 748–9057, John Joseph Moakley U.S. Courthouse, One Courthouse Way, Suite 2500, Boston, MA 02210. Second Judicial Circuit (Districts of Connecticut, New York [Eastern, Northern, Southern,´ and Western], and Vermont).—Chief Judge: Robert A. Katzmann. Circuit Judges: Jose A. Cabranes; Susan L. Carney; Denny Chin; Christopher F. Droney; Peter W. Hall; Dennis Jacobs; Robert A. Katzmann; Debra A. Livingston; Raymond J. Lohier, Jr.; Rosemary S. Pooler; Reena Raggi. Senior Judges: Giudo Calabresi; Amalya L. Kearse; Pierre N. Leval; Gerard E. Lynch; Jon O. Newman; Barrington D. Parker, Jr.; Robert D. Sack; Chester J. Straub; John M. Walker, Jr.; Richard C. Wesley; Ralph K. Winter. Circuit Executive: Karen Greve Milton. Clerk: Catherine O’Hagan Wolfe (212) 857–8700, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007–1581. Third Judicial Circuit (Districts of Delaware, New Jersey, Pennsylvania, and Virgin Islands).— Chief Judge: D. Brooks Smith. Circuit Judges: Theodore A. McKee; Thomas L. Ambro; Michael A. Chagares; Kent A. Jordan; Thomas M. Hardiman; Joseph A. Greenaway, Jr.; Thomas I. Vanaskie; Patty Shwartz; Cheryl Ann Krause; L. Felipe Restrepo; Stephanos Bibas. Senior Judges: Walter K. Stapleton; Morton I. Greenberg; Anthony J.