The Supreme Court’s signals shape which cases litigants choose to bring

Evidence

Generally, the Court’s influence on the types of cases appealed to it is less direct. If the justices reveal a willingness to entertain a type of claim, then litigants are encouraged to bring cases to the Court that raise such claims. During the 1960s, the Court’s receptivity to the rights claims of criminal defendants prompted a proliferation of claims by those who sought to overturn their convictions. More recently, after the Court indicated in 1989 that it would reconsider its position on abortion, several cases were initiated to provide a vehicle for the Court to overrule Roe v. Wade. Conversely, if the Court consistently rejects certain types of legal claims, litigants will be reluctant to bring such claims before the Court. Thus, the Court’s tendency to read defendants’ rights narrowly during the 1980s and 1990s has discouraged some defendants from appealing their cases to the Court. — G. Alan Tarr, Judicial Process and Judicial…, 902

Categorization

• XREF: Directly relevant to the course theme of how judicial interpretation shapes doctrine through case selection; connects to the agenda-setting/strategic behavior literature on courts. — connects to: Judicial signals and personnel changes invite new litigation and reversal — G. Alan Tarr, Judicial Process and Judicial…, 901; Litigants strategically select forums where procedural rules favor their cases — G. Alan Tarr, Judicial Process and Judicial…, 268; Litigants shift forums and legal grounds to follow whichever courts are most receptive. — G. Alan Tarr, Judicial Process and Judicial…, 3376 (+5 more)

Broader Connections

• Litigants shift forums and legal grounds to follow whichever courts are most receptive. #corroborates (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 3376
• Litigants strategically select forums where procedural rules favor their cases #corroborates (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 268