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  3. Journal of Economic Perspectives
  4. Winter 2021
  5. Estimating Judicial Ideology

Journal of Economic Perspectives

ISSN 0895-3309 (Print) | ISSN 1944-7965 (Online)

Estimating Judicial Ideology

  • Adam Bonica
  • Maya Sen
Journal of Economic Perspectives
vol. 35, no. 1, Winter 2021
(pp. 97–118)
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Abstract

We review the substantial literature on estimating judicial ideology, from the US Supreme Court to the lowest state court. As a way to showcase the strengths and drawbacks of various measures, we further analyze trends in judicial polarization within the US federal courts. Our analysis shows substantial gaps in the ideology of judges appointed by Republican Presidents versus those appointed by Democrats. Similar to trends in Congressional polarization, the increasing gap is mostly driven by a rightward movement by judges appointed by Republicans. We conclude by noting important avenues for future research in the study of the ideology of judges.

Citation

Bonica, Adam, and Maya Sen. 2021. "Estimating Judicial Ideology." Journal of Economic Perspectives 35 (1): 97–118. DOI: 10.1257/jep.35.1.97

Additional Materials

JEL Classification

  • D72 Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
  • K40 Legal Procedure, the Legal System, and Illegal Behavior: General