Date of Award
Spring 2020
Document Type
Thesis
Abstract
Since the establishment of individual states supreme courts, there has been debate on the best way to retain individual judges to their court. With five different forms of retention, each comes with their own set of outside forces that determine how a judge behaves while on the court. Some of these outside forces like a judge’s length of service on the court can also affect the decision to overturn a standing precedent, especially when the case captures great amounts of media attention. Salient cases are often more likely to result in an overturned precedent than other cases but outside factors can often make or break a justice’s opinion on the issue at hand. These determining factors need to be identified and dissected in order to fully understand their weight in the decision process. Using the data provided in Stare Decisis and the Electoral Connection: Do Retention Systems Affect the Judges’ Deference to Precedent? Written in 2019 by Michelle Tuma and Michael Miller.
Recommended Citation
Fosteson, Autumn N., "How Factors of State Supreme Court Retention Affect Votes to Overturn Precedent: How Do Different Factors of State Supreme Court Composition Effect the Likelihood That Salient Cases Will Result in an Overturning of Precedent?" (2020). Political Science Theses and Capstones. 35.
https://pines.bemidjistate.edu/capstone-polisci/35
Included in
American Politics Commons, Judges Commons, Law and Politics Commons, Other Legal Studies Commons, State and Local Government Law Commons
