An Evolutionary View of the U.S. Supreme Court

Abstract

The voting patterns of the nine justices on the United States Supreme Court continue to fascinate and perplex observers of the Court. While it is commonly understood that the division of the justices into a liberal branch and a conservative branch inevitably drives many case outcomes, there are finer, less transparent divisions within these two main branches that have proven difficult to extract empirically. This study imports methods from evolutionary biology to help illuminate the intricate and often overlooked branching structure of the justices’ voting behavior. Specifically, phylogenetic tree estimation based on voting disagreement rates is used to extend ideal point estimation to the non-Euclidean setting of hyperbolic metrics. After introducing this framework, comparing it to one- and two-dimensional multidimensional scaling, and arguing that it flexibly captures important higher-dimensional voting behavior, a handful of potential ways to apply this tool are presented. The emphasis throughout is on interpreting these judicial trees and extracting qualitative insights from them.