Measuring Supreme Court Case Complexity

Greg Goelzhauser, Benjamin J Kassow and Douglas Rice

The Journal of Law, Economics, and Organization, 2022, vol. 38, issue 1, 92-118

Abstract: Case complexity is central to the study of judicial politics. The dominant measures of Supreme Court case complexity use information on legal issues and provisions observed postdecision. As a result, scholars using these measures to study merits stage outcomes such as bargaining, voting, separate opinion production, and opinion content introduce posttreatment bias and exacerbate endogeneity concerns. Furthermore, existing issue measures are not valid proxies for complexity. Leveraging information on issues and provisions extracted from merits briefs, we develop a new latent measure of Supreme Court case complexity. This measure maps with the prevailing understanding of the underlying concept while mitigating inferential threats that hamper empirical evaluations. Our brief-based measurement strategy is generalizable to other contexts where it is important to generate exogenous and pretreatment indicators for use in explaining merits decisions. (JEL K00, K40)

Date: 2022
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