State Court Influence on US Supreme Court Opinions

Abstract

Despite our understanding that the US Supreme Court influences lower courts in a top-down fashion, we examine whether state courts influence Supreme Court work, namely, its majority opinions. This study of lower court influence on Supreme Court opinion writing investigates whether and when justices borrow language from state court opinions. While our fundamental interest is in whether the writings of state court judges are influential in Supreme Court opinions, we further investigate whether justices’ biases against elected judiciaries and favor for appointed systems play a role here. Our original data set includes Supreme Court cases reviewing state court decisions from 1995 to 2015. Results show that the potential for lower court influence differs for appointed versus elected state court judges, lending valuable insight into the discussion of judicial power and institutional design. Meanwhile, state courts play an important role in the development of law at the Supreme Court.