Political Party Affiliation and Judges' Decisions

Abstract

Several scholars within the public law field of political science have compiled data on differences in the backgrounds of American judges, but without attempting to correlate these characteristics with differences in the decisions of the judges. Other scholars have compiled data on the different decisional tendencies of American judges, but again without correlating these tendencies with differences in the backgrounds of the judiciary.The first purpose of this paper is to explore the empirical relationships between one background characteristic and fifteen areas of judicial decision-making. Political party affiliation was chosen as the one background characteristic because it is of particular interest to political scientists, and is an especially useful indicator for predicting how judges on bipartisan appellate courts will divide when they do not agree. The second purpose is to explore empirically the effectiveness of three judicial reforms (judicial appointment, non-partisan ballot, and long term of office) which are frequently advocated as means of decreasing partisan influences in judicial decisions.