Does the Supreme Court Follow the Economic Returns? A Response to A Macrotheory of the Court
2009; Duke University School of Law; Volume: 58; Issue: 7 Linguagem: Inglês
ISSN
1939-9111
AutoresErnest A. Young, Erin C. Blondel,
Tópico(s)Fiscal Policies and Political Economy
ResumoFinley Peter Dunne’s fictional political sage, Mr. Dooley, famously said that the Supreme Court “follows th’ iliction returns.” In their contribution to this Symposium, Thomas Brennan, Lee Epstein, and Nancy Staudt argue instead that Supreme Court decisions track macroeconomic indicators. Drawing on evidence that voters tend to vote for the government in a strong economy or during economic crises but vote against the government during more moderate economic slumps, Professors Brennan, Epstein, and Staudt hypothesize that judges do the same. Our interlocutors have tested this hypothesis by analyzing the national government’s fortunes in tax cases decided between 1912 and 1929, a period of “ordinary” economic upswings and downturns, and between 1930 and 1940,
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