Question

How does public opinion shape the outcomes of supreme court decisions?

Answer 1

The Court has traditionally been considered to have "no influence over either the purse or the sword." Indeed, many argue that the Court is severely limited in its capacity to induce social or political change, and that "the implementation of the policies of the Court is far from perfect." However, other studies suggest that the Court may have significant power to affect social change, at least in certain contexts. The Court is particularly successful in changing behavior when, irrespective of public opinion, it issues rulings relating to criminal law, civil liability or judicial administration.

In these "vertical" cases, the Court tends to alter behavior because implementation is controlled in the judicial hierarchy by lower courts, and the Supreme Court precedent is overwhelmingly adhered to by those courts. Compliance with the lower court is certainly not perfect; judges sometimes exercise considerable discretion when making decisions. Nonetheless, lower-court defiance is rare and the "hierarchical control" of the Court appears strong and effective. In cases unrelated to criminal law, civil liability or judicial administration the Court does not enjoy the same degree of policy control.

Government actors outside the judicial hierarchy, usually elected officials or their agents, must implement decisions in these "lateral" cases. These elected officials must consider the interests of their constituents, and respond to public opinion in general. Consequently, in lateral cases, the implementation of Court rulings depends on the popularity of those rulings, whereas in vertical cases, the implementation of rulings does not.