Litigants shift between courts and legislatures depending on their expected chances

Evidence

These changes brought a reversal of roles for pro-life and pro-choice groups. Opponents of abortion, sensing victory, turned their attention to the courts and appealed cases to the newly constituted Court in the hope that the justices would seize the opportunity to reverse Roe. Pro-choice groups, meanwhile, turned to the political arena, mobilizing support for pro-choice candidates and urging Congress to enact legislation safeguarding abortion rights. — G. Alan Tarr, Judicial Process and Judicial…, 3143

Categorization

  • XREF: Echoes the Court-majority/insider-outsider dynamics in Epp’s Making Rights Real, a common course companion. — connects to: Litigant demand, not judicial discretion, determines district court dockets — G. Alan Tarr, Judicial Process and Judicial…, 275
  • SEED: Angle: ‘Forum Shopping for Constitutional Rights’ — how interest groups recalibrate strategy when the bench shifts.