The Impact of Relationships on the Use of Precedent

Abstract

Abstract This chapter examines the broader impact of interpersonal contact and collegiality by examining when judges cite one another’s majority opinions in two contexts, the U.S. Courts of Appeals and the U.S. Supreme Court. It explores whether factors such as two circuit colleagues having chambers in the same courthouse, the length of time two judges have served together, and whether a precedent’s author is no longer on the bench influence citation. Circuit judges are more willing to cite a precedent written by a colleague participating in the case or by a co-worker they expect to work with quite a bit in the future. Serving with another judge in the same courthouse or for more years actually decreases the probability of citation. Supreme Court justices are most likely to cite their current colleagues, but only if they are also ideological allies.