Elevation Adaptation: How Circuit Court Judges Alter Their Behavior for Promotion to the Supreme Court

Abstract

We examine whether federal circuit court judges alter their behavior when vacancies open up on the United States Supreme Court so that they might get noticed by the president and nominated to the high court. Using matching methods, we compare the behavior of these contending judges during vacancy periods with the behavior of contending judges outside vacancy periods. The data show that judges who are contending for elevation are much more likely to vote consistent with the president's preferences during vacancy periods, to write concurring opinions, to write majority opinions, and to engage in strategic publishing and per curiam decisions.