Homegrown Institutional Legitimacy

Abstract

Since the United States Supreme Court's decision in Bush v. Gore, the public's support for the judicial system looms as an especially important concern. Although studies have confirmed that the Supreme Court's reservoir of public goodwill has remained largely intact following the politically divisive decision, the status of public support for other American courts has received little attention. This reflects a broader trend in judicial politics scholarship toward placing inordinate attention on explaining public support for the U.S. Supreme Court while largely ignoring the courts where most of the policymaking in the nation occurs—state courts. We use a national survey to assess the factors influencing diffuse support for state courts. We find that although many considerations affecting diffuse support for state courts parallel the determinants of such support for the nation's high Court, important differences exist between explanations of citizen support for state courts and the Supreme Court. Most notably, judicial elections and concerns over judicial campaign contributions work to undermine citizens' support for their state courts.