The Legitimacy of the U.S. Supreme Court in a Polarized Polity

James L. Gibson

Journal of Empirical Legal Studies, 2007, vol. 4, issue 3, 507-538

Abstract: Conventional political science wisdom holds that contemporary American politics is characterized by deep and profound partisan and ideological divisions. Unanswered is the question of whether those divisions have spilled over into threats to the legitimacy of American political institutions, such as the U.S. Supreme Court. Since the Court is often intimately involved in making policy in many issue areas that divide Americans—including the contested 2000 presidential election—it is reasonable to hypothesize that loyalty toward the institution depends on policy and/or ideological agreement and partisanship. Using data stretching from 1987 through 2005, the analysis reveals that Court support among the American people has not declined, nor is it connected to partisan and ideological identifications. Instead, support is embedded within a larger set of relatively stable democratic values. Institutional legitimacy may not be obdurate, but it does not seem to be caught up in the divisiveness that characterizes so much of American politics—at least not at present.

Date: 2007
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Persistent link: https://EconPapers.repec.org/RePEc:wly:empleg:v:4:y:2007:i:3:p:507-538

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