Public Opinion and Setting the Agenda on the U.S. Supreme Court

Abstract

Arguably the most influential power the U.S. Supreme Court has is the power to choose which cases to decide. This power allows the nation’s only unelected branch of government to choose either to weigh in on key political controversies or avoid them completely. Here, I take one of the first case-level looks at the role of public opinion in the Court’s agenda-setting process. I argue justices vote to hear cases when they are likely to agree with public opinion on the outcome and eschew cases when they are out of step with the American people. However, the effect of public opinion depends on the political environment, especially on the level of public support the Court enjoys, the salience of the issue, and the case’s legal importance.