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Public Opinion & Judicial Behavior in Direct Democracy Systems: Gay Rights in the American States
State Politics and Policy Quarterly (2014)
  • Daniel C. Lewis, Siena College
  • Matthew L. Jacobsmeier, West Virginia University
  • Frederick Wood, Coastal Carolina University
Abstract

Though the U.S. judiciary is designed to be an independent and counter-majoritarian arbiter of the law, many states feature electoral institutions that may expose judges to public pressure. Scholars have demonstrated that judicial elections provide a clear link between public opinion and judicial decision making that may undermine the ability of courts to act in counter-majoritarian ways to protect minority rights. We extend this line of inquiry by examining whether direct democracy institutions have a similar effect of enhancing the impact of public opinion on judicial behavior and reducing the likelihood of judges voting in favor of minority rights. Empirical results from an analysis of gay rights cases in the American states from 1981 to 2004, shows evidence that direct democracy, in conjunction with electoral retention methods, significantly increases the effect of public opinion on judicial decisions.

Disciplines
Publication Date
2014
Citation Information
Daniel C. Lewis, Matthew L. Jacobsmeier and Frederick Wood. "Public Opinion & Judicial Behavior in Direct Democracy Systems: Gay Rights in the American States" State Politics and Policy Quarterly Vol. 14 Iss. 4 (2014)
Available at: http://works.bepress.com/matthew_jacobsmeier/13/