Abstract

Justice Lewis F. Powell, both before and after his retirement from the Supreme Court, has been highly praised as a moderate whose nonideological vote had ameliorated the conflict on an otherwise severely divided Court. This research develops a useful definition of swing and outlines a method for determining statistically its presence and operation. The results of this study indicate that Powell's voting record throughout his years on the Court was distinctly conservative and that there is no support for the myth that Powell controlled the deciding vote on the Court.

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