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The dynamics of ideology drift among U.S. Supreme Court justices: A functional data analysis.

ABSTRACT: We study the U.S. Supreme Court dynamics by analyzing the temporal evolution of the underlying policy positions of the Supreme Court Justices as reflected by their actual voting data, using functional data analysis methods. The proposed fully flexible nonparametric method makes it possible to dissect the time-dynamics of policy positions at the level of individual Justices, as well as providing a comprehensive view of the ideology evolution over the history of Supreme Court since its establishment. In addition to quantifying individual Justice's policy positions, we uncover average changes over time and also the major patterns of change over time. Additionally, our approach allows for representing highly complex dynamic trajectories by a few principal components which complements other models of analyzing and predicting court behavior.

SUBMITTER: Zhou X

PROVIDER: S-EPMC9269944 | biostudies-literature | 2022

REPOSITORIES: biostudies-literature

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The dynamics of ideology drift among U.S. Supreme Court justices: A functional data analysis.

Zhou Xiner X Müller Hans-Georg HG

PloS one 20220708 7

We study the U.S. Supreme Court dynamics by analyzing the temporal evolution of the underlying policy positions of the Supreme Court Justices as reflected by their actual voting data, using functional data analysis methods. The proposed fully flexible nonparametric method makes it possible to dissect the time-dynamics of policy positions at the level of individual Justices, as well as providing a comprehensive view of the ideology evolution over the history of Supreme Court since its establishme ...[more]

PMID: 35802688

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Project description:The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF) as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA) into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics and prejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite"). The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis) and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs) to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary examines the socio-political context of the legal case and the major figures that contributed to it. It reviews Justice Pitfield's ruling, a judgment that has brought Canada one step closer to putting a stop to addiction's death row where intravenous drug users are needlessly, for political and ideological reasons alone, forced to face increased risks of death due to AIDS, hepatitis and overdose.

Project description:BackgroundUnder structural conditions of non-governability, most players in the policy arena in Israel turn to two main channels that have proven effective in promoting the policies they seek: the submission of petitions to the High Court of Justice and making legislative amendments through the Economic Arrangements Law initiated by the Ministry of Finance. Nevertheless, an analysis of the principal trends emerging from the High Court of Justice rulings and legislative amendments through the Economic Arrangements Law indicates that these channels are open to influence, primarily by forces that are essentially neo-liberal. Little is known about the effects of these trends on the right to healthcare services, which in Israel has not been legislated as an independent constitutional law in Basic Laws.MethodsWe use four major legal cases decided by the Supreme Court of Israel in the past 10 years where the Court reviewed new legislative initiatives proposed by the Economic Arrangements Law in the area of healthcare. We utilize an institutional approach in our analysis.ResultsA neo-institutional analysis of the legal cases demonstrates that petitions against the Economic Arrangements Law in the area of healthcare services have been denied, even though the Court uses strong rhetoric against that law and the government more generally in addressing issues that concern access to healthcare services and reforms in the healthcare system. This move strengthens the trend toward a neo-liberal public policy and significantly weakens the legal protection of the right to healthcare services.ConclusionIn deciding petitions against the Economic Arrangements Law in the area of healthcare, the Supreme Court allows the Ministry of Finance to be a dominant player in the formation of public policy. In doing so, it may be promoting a goal of strengthening its position as a political institution that aspires to increase the public's trust in the judiciary and especially in the Supreme Court itself, in addition to exercising judicial restraint and allowing more leeway to the executive and legislative branches more generally.

Dataset Information

The dynamics of ideology drift among U.S. Supreme Court justices: A functional data analysis.

Publications

The dynamics of ideology drift among U.S. Supreme Court justices: A functional data analysis.

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