Uncertain Precedent: Circuit Court Responses to Supreme Court Plurality Opinions

In: American politics research, Band 37, Heft 1, S. 30-49

Abstract

To what extent do lower court judges follow Supreme Court plurality opinions? By examining treatments of Supreme Court cases from the 1976-1986 terms by the Circuit Courts of Appeals from 1976 to 2005, this article addresses the consequences of the Supreme Court's failure to reach a clear majority decision. I find evidence that lower courts are less likely to follow plurality opinions than majority opinions. These findings have implications regarding the authority of the Supreme Court, compliance, and institutional legitimacy.