Papers

The Effect of Politically Salient Decisions on the U.S. Supreme Court's Agenda

By: Vanessa Baird

Abstract: The U.S. Supreme Court is widely recognized as setting its agenda by choosing to hear certain cases and refusing to hear others. But what influence, if any, does the Court have on the types of cases that are appealed to it? The Court has no formal power to solicit cases, but I contend that potential litigants interpret politically salient Court decisions as signals of its willingness to hear additional cases in certain policy areas. When this happens, the Court receives additional well-framed cases that allow it to make policy in those areas. The theoretical implications are twofold: (1) by signaling the litigant community to support litigation in certain policy areas, the Supreme Court can bring cases onto its agenda well before the certiorari process begins, and (2) the Supreme Court is dependent on extrajudicial actors and their resources to make comprehensive policy.