Doctor of Philosophy, The Ohio State University, 2014, Political Science
States exercise authority over citizens' lives and property through the judicial system. In principle, judicial bodies ought to justify this responsibility by providing consistent rationales for their judgments. Consistency means that the outcome of a dispute is supported by reasoning which itself is supported by a majority of judges on a collegial court. Yet without strong assumptions, collective decision making in collegial courts and other bodies is susceptible to inconsistency. Resolving fundamental questions of life, liberty, and property in an inconsistent manner lacks legitimacy due to the lack of reasons given for the exercise of authority. Further, the fractured reasoning of these decisions means that lower courts bound by precedent to follow an inconsistent decision may struggle to determine which rationale or legal rule to apply and thus decide cases inconsistently themselves, cascading the weakening of legitimacy through the legal system.
Despite the gravity of these potential consequences, the severity of the problem of judgment-rationale inconsistency is unknown. To remedy this lack of knowledge, I undertake a systematic study of inconsistency, focusing on the United States Supreme Court. I analyze the properties of inconsistent decisions, explore the impact of inconsistency on the lower federal courts, and investigate the frequency of inconsistency over time. My analysis advances knowledge about the Supreme Court and social choice theory in several ways. First, the investigation of the case-level correlates of inconsistency shows that the strongest form of inconsistency, the discursive dilemma, arises with unsettling frequency in politically salient cases and in exercises of judicial review over Congress. Second, an analysis of Supreme Court precedent showed that discursive dilemmas are followed significantly less than other precedents at the district court level. This finding indicates that inconsistent precedents are of little use to the legal sy (open full item for complete abstract)
Committee: Gregory Caldeira (Advisor); Janet Box-Steffensmeier (Committee Member); Lawrence Baum (Committee Member); William Minozzi (Committee Member); Michael Neblo (Committee Member)
Subjects: Political Science