Why do lawmakers seek to sanction state courts?

Abstract

ABSTRACT Yearly, across state legislatures, lawmakers introduce court-curbing bills designed to curtail judicial power by limiting court independence and constraining court decision-making. Capitalising on the variation in institutional and electoral forces across states, I explore whether, how, and under what conditions, the design of state courts – interacting with ideological forces – shape lawmakers’ introduction of bills that aim to limit judicial power. Building on previous theories and empirical approaches, I find that inter-institutional dynamics and political discord explain attempts to limit judicial power. Surprisingly, the rules governing how state judges retain their seats on the bench have little effect in explaining the incidence of legislative efforts to sanction the courts.