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Measuring Subjective Ideological Disagreement with the US Supreme Court

Published online by Cambridge University Press:  21 October 2022

Michael J. Nelson*
Affiliation:
Pennsylvania State University
James L. Gibson
Affiliation:
Washington University in St. Louis
*
Contact the corresponding author, Michael J. Nelson, at mjn15@psu.edu.
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Abstract

Conventional wisdom suggests that judicial legitimacy should be relatively unaffected by satisfaction with the ideological direction of judicial policy making. Recent studies challenge this assertion. The key to resolving this conundrum is estimating individual-level satisfaction with the ideological direction of judicial policy making reliably and validly. We examine the accuracy of several common measures of the concept. We find that 40% of the respondents repudiate their own scores on these measures. With this much systematic measurement error in such an important independent variable, the question of whether the Supreme Court’s institutional legitimacy is conditional on ideological agreement with its decisions must be reexamined.

Information

Type
Research Article
Copyright
© 2020 by Law and Courts Organized Section of the American Political Science Association. All rights reserved.
Figure 0

Figure 1.Mean squared error, by reported self-validation. The estimates are from separate linear regressions run for each level of reported self-validation. The dependent variable is the trichotomous measure of ideological proximity. Error bars, 95% confidence intervals.

Figure 1

Table 1.Ordered Logistic Regression Analysis of Respondents’ Reported Self-Validation

Figure 2

Figure 2.Marginal effect of ideological disagreement on diffuse support, by reported self-validation. Full model results are available in table B3. The measure of ideological proximity is the difference score. Error bars, 95% confidence intervals.

Figure 3

Figure 3.Marginal effect of ideological proximity on diffuse support, by reported self-validation. a, Bartels and Johnston original measure; b, Bartels and Johnston variant measure; c, Christenson and Glick original measure; d, Gibson and Nelson original measure; e, Gibson and Nelson variant measure. Full model results are available in table B3. Error bars, 95% confidence intervals.

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