The Differential Effect of War on Liberal and Conservative Judges on the US Courts of Appeals

Abstract

AbstractRecent research reveals judicial tendencies to decide cases more conservatively during times of war. Building on studies in political psychology, we use the observed movement in favor of increased security versus liberty in times of war on the courts to investigate differences in how liberals and conservatives are motivated by threat concerns. We find that war mainly conditions decision making by liberal judges in criminal and civil liberties cases. The results furthermore suggest that ideological differences play little role in wartime decision making for civil liberties cases.