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October 22 - 28, 2018

Sclerotization of the Judiciary: Judicial Exits from the U.S. Courts of Appeals are Politically Motivated

Chen, Daniel L. (2016) Sclerotization of the Judiciary: Judicial Exits from the U.S. Courts of Appeals are Politically Motivated. TSE Working Paper, n. 16-721, Toulouse

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Official URL: http://tse-fr.eu/pub/31128

Abstract

Using data from 1802 to 2004, I show that U.S. Courts of Appeals judges are less likely to retire in each of the three quarters preceding a Presidential election when the party of the President at the time the judge leaves is different from the party of the U.S. President who appointed the judge. Judges are more likely to resign in each of the four quarters after a Presidential election, when the party of the President at the time the judge leaves is the same as the party of the President that appointed the judge. My results suggest that 13% of retirements and 43% of resignations are politically motivated. Previous research has not found political cycles because they relied on judges’ self-reports or conducted yearly rather than quarter-to-election analysis. I also show that these political cycles have increased in recent years, which may raise concerns about the political evolution of the judiciary.

Item Type: Monograph (Working Paper)
Language: English
Date: October 2016
Place of Publication: Toulouse
Uncontrolled Keywords: Judicial Tenure, Counter-Majoritarian Difficulty, Polarization
JEL codes: K00 - General
Z1 - Cultural Economics; Economic Sociology; Economic Anthropology
Subjects: B- ECONOMIE ET FINANCE
Divisions: TSE-R (Toulouse)
Institution: Université Toulouse 1 Capitole
Site: UT1
Date Deposited: 27 Oct 2016 09:21
Last Modified: 21 Mar 2018 14:17
OAI ID: oai:tse-fr.eu:31128
URI: http://publications.ut-capitole.fr/id/eprint/22461

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