Judicial ethics and independence prevent justices from trading votes or applying pressure
Evidence
Also, in comparison with legislators, the justices have few means for influencing the votes of fellow justices. Judicial ethics preclude them from offering to trade votes to gain support on issues of importance to them. And, given judicial independence, justices cannot bring outside pressures to bear on their colleagues. — G. Alan Tarr, Judicial Process and Judicial…, 1563
Categorization
- XREF: Links to the course theme of judicial independence as a foundational value shaping how decisions are made. — connects to: Judicial independence lets appointed justices shed partisanship and change their views — G. Alan Tarr, Judicial Process and Judicial…, 539; Justices vote strategically on certiorari to advance constitutional policy goals — G. Alan Tarr, Judicial Process and Judicial…, 918; Judicial ethics bar justices from trading votes as legislators do. — G. Alan Tarr, Judicial Process and Judicial…, 943 (+18 more)
Broader Connections
- Judicial independence means freedom from improper external pressures.
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 374 - Judicial rulings have policy consequences yet judges should not impose their own policy views
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2688 - Justices who favor an outcome personally may still suppress those views on role-conception grounds.
#corroborates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1288 - Courts may not let moral condemnation override their limited institutional role
#complicates(0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1774 - Respect for precedent keeps courts from reversing failed policies.
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1482 - Judicial discretion is channeled by constraints, not eliminated.
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 188 - Legal obligation alone does not secure compliance with judicial rulings
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 3187 - Judicial independence from short-run politics drives public acceptance of rulings
#complicates(0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3291 - Judicial rulings often fail to secure compliance or resolve conflict
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 211 - Judicial discretion means choosing among alternatives thought equally permissible rather than reasoned elaboration
#complicates(0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 373 - Judicial rulings can set legal obligations without settling disputed public policy
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 207 - Collegiality only marginally shifts judges’ settled votes
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1338 - Dissents on multimember courts cannot be explained by legal factors alone
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2561 - Judicial restraint philosophy restricts what judges consider and when they overturn precedent
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2612 - Electoral turnover on state supreme courts shifts tort doctrine outcomes.
#complicates(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 3532