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2 - The Attitudinal Model

Published online by Cambridge University Press:  05 June 2012

Saul Brenner
Affiliation:
University of North Carolina, Charlotte
Joseph M. Whitmeyer
Affiliation:
University of North Carolina, Charlotte
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Summary

In reaction to the weaknesses of the legal model, Pritchett (1948) proposed an attitudinal model. This model was the dominant model for explaining the final vote on the merits from the 1950s until the end of the 1990s. Some scholars (Segal and Spaeth, 2002) believe that it is still the dominant model for explaining this vote. It is widely accepted among Supreme Court scholars (or at least among most political scientists) that the attitudes of the justices are the most important determinants of why some justices confronted with the same set of cases vote for the liberal outcome, whereas other justices vote for the conservative outcome. Baum (2007, p. 149), for example, concluded that

Of all the considerations that could influence the Supreme Court decisions [at the final vote on the merits], I have given primary emphasis to the justices' policy preferences. The application of the law to the Court's cases is usually ambiguous, and constraints from the Court's environment are generally weak. As a result, the justices have considerable freedom to take positions that accord with their own conceptions of good policy.

Segal and Spaeth (2002) present an even more elaborate explanation of why the justices can be expected to cast sincere, attitudinal votes at the final vote on the merits.

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Publisher: Cambridge University Press
Print publication year: 2009

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  • The Attitudinal Model
  • Saul Brenner, University of North Carolina, Charlotte, Joseph M. Whitmeyer, University of North Carolina, Charlotte
  • Book: Strategy on the United States Supreme Court
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511816024.003
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  • The Attitudinal Model
  • Saul Brenner, University of North Carolina, Charlotte, Joseph M. Whitmeyer, University of North Carolina, Charlotte
  • Book: Strategy on the United States Supreme Court
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511816024.003
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Attitudinal Model
  • Saul Brenner, University of North Carolina, Charlotte, Joseph M. Whitmeyer, University of North Carolina, Charlotte
  • Book: Strategy on the United States Supreme Court
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511816024.003
Available formats
×