Panel Formation

This chapter looks at the identity of the judges chosen to hear each case. The Supreme Court is unlike other courts: it does not sit en banc, and the five-, seven-, or nine-judge panels are not chosen randomly, but are drawn up by court officials working together with senior judges. This chapter looks at explanations of how these panels are chosen. The key finding is that specialists in the relevant area of law are prohibitive favorites to be chosen to hear cases in those areas of law—and this effect is stronger the more important the case is. There is no evidence of political factors playing a role—if anything, judges who agree with senior judges are less likely to be picked for important cases.