New York University Public Law and Legal Theory Working Papers
Title
Pulling Punches: Congressional Constraints on the Supreme Court’s Constitutional Rulings, 1987–2000
Document Type
Article
Abstract
To date, no study has found evidence that the U.S. Supreme Court is constrained by Congress in its constitutional decisions. We addressed the selection bias inherent in previous studies with a statute-centered, rather than a case-centered, analysis, following all congressional laws enacted between 1987 and 2000. We uncovered considerable congressional constraint in the Court's constitutional rulings. In particular, we found that the probability that the Rehnquist Court would strike a liberal congressional law rose between 47% and 288% as a result of the 1994 congressional elections, depending on the legislative model used.
Date of Authorship for this Version
July 2007
Recommended Citation
Harvey, Anna and Friedman, Barry, "Pulling Punches: Congressional Constraints on the Supreme Court’s Constitutional Rulings, 1987–2000" (2007). New York University Public Law and Legal Theory Working Papers. Paper 56.
http://lsr.nellco.org/nyu_plltwp/56
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