Change in federal court orientation diverts rights litigation into state courts and constitutions.

Evidence

The development of the new judicial federalism shows both the independent policymaking role played by state courts and the influence of policymaking in federal courts on state courts. From the 1930s to the 1960s, federal courts took a more expansive view of civil liberties than did state courts. This led litigants who sought to protect or expand rights to file their suits in federal court or base their claims in state courts on the federal Constitution. Only when the Supreme Court became less receptive to their claims, as a result of personnel changes, did civilliberties advocates turn their attention to state courts and state law. School finance litigation exemplifies that pattern. Until Rodriguez dashed their hopes, reformers expected their victory would come in the U.S. Supreme Court. Only when they failed there did they begin to seriously consider state provisions dealing with education. Thus, the orientation of the U.S. Supreme Court, and litigants’ response to that orientation, have a major influence on opportunities for state constitutional policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 1729

Categorization

• XREF: connects to: After Roe the Court stayed active policing abortion law, unlike after Brown. — G. Alan Tarr, Judicial Process and Judicial…, 1621; Civil-liberties litigation shifted to state courts when the Supreme Court grew conservative; Court composition changes drove litigants to shift between courts and legislatures — G. Alan Tarr, Judicial Process and Judicial…, 3143 (+6 more)

Broader Connections

• Court composition changes drove litigants to shift between courts and legislatures #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 3143
• Civil-liberties litigation shifted to state courts when the Supreme Court grew conservative #corroborates (0.92)
• State courts protect rights the federal Constitution does not guarantee #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 3371
• A holding’s rationale can become immaterial as judicial perspectives shift. #complicates (0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1296
• Judges create law when forced to resolve statutory ambiguity. #expands (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 187
• State judges were expected to favor state law over federal claims #corroborates (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 305