Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-v5vhk Total loading time: 0 Render date: 2024-06-28T06:16:37.903Z Has data issue: false hasContentIssue false

2 - Going Public on Pending Decisions

Published online by Cambridge University Press:  13 December 2019

Paul M. Collins, Jr
Affiliation:
University of Massachusetts, Amherst
Matthew Eshbaugh-Soha
Affiliation:
University of North Texas
Get access

Summary

Chapter 2 explores the motivations for going public on pending Supreme Court decisions and the effect of these speeches on case outcomes. Though presidents commonly use speeches to shape the actions of Congress and the bureaucracy, this is a risky tactic with regard to the Supreme Court, since it makes the president susceptible to attacks for violating the norm of judicial independence. Moreover, it is not entirely clear why a president would turn to public speeches to influence the justices when the Solicitor General is available to litigate cases or file amicus curiae (“friend of the court”) briefs before the Court on behalf of the administration. We conclude that presidents’ primary motivation to speak about pending cases is not to influence their outcomes, but rather to take public positions that demonstrate their commitment to the policies implicated in the litigation, including shaping how the public understands the constitutional issues involved in the cases.

Type
Chapter
Information
The President and the Supreme Court
Going Public on Judicial Decisions from Washington to Trump
, pp. 27 - 52
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×