Judicial Consensus and Public Opinion

Abstract

Do judicial dissents affect mass politics? The conventional wisdom is that unanimous rulings boost support for Supreme Court decisions, while division fuels popular opposition. However, empirical analysis of public reaction to unanimity and dissent is sparse, incomplete, and inconsistent. Through a series of survey experiments, I expand upon existing research on public opinion of judicial unity. I find that reaction to judicial consensus is dependent on the ideological salience of the issue involved and that, contrary to conventional wisdom and recent findings, dissent can foster acceptance of rulings among the Court’s opponents by suggesting evidence of procedural justice.