Judicial Procedures as Instruments of Political Control: Congress's Strategic Use of Citizen Suits

Abstract

Citizen suit provisions, which give proregulatory interests access to the federal courts, can be used by Congress to increase the courts' role in regulatory policy. I analyze 284 environmental regulation bills reported favorably out of committee and show that committee support for citizen suits is a function of the committee's policy goals and the political context in which the bills are generated. These findings indicate that Congress deliberately uses judicial procedures as instruments of political control and that scholars examining judicial policymaking must include legislative goals in the list of explanatory factors.