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Scholarship finds that in states with judicial elections, public opinion affects judges' decisions on hot‐button campaign issues such as the death penalty or marijuana legalization. Yet the literature leaves open the question of how public opinion affects judicial decisions on less salient issues, which not only dominate the dockets of state supreme courts but also encompass areas of major legal and policy significance. We consider one such issue that infrequently emerges in judicial campaigns, environmental law. Specifically, we collect an original dataset of over 5,000 judicial votes on nearly 1,000 cases heard in 40 state supreme courts from 1990–2014. We find that for the dataset as a whole, there is not a significant effect of public opinion on judicial decisions in any of the major judicial selection systems. However, in the few states in which environmental issues have been the subject of campaign attack ads, we find evidence of such a relationship during the years following the ads. These results contribute to a growing literature that suggests elections can reduce judicial independence from public opinion. [ABSTRACT FROM AUTHOR]

It is well known that the public often relies on cues or heuristics when forming opinions. At the same time, leading theories of opinion formation about the Supreme Court see such support as relatively fixed. Using a series of survey experiments, we find source cues significantly influence the public’s support for the Court, including the extent to which individuals believe the Court should be independent from the elected branches. Specifically, we find partisan source cues play a significant role in shaping public opinion regarding life tenure for the justices and the extent to which the Court should have the final say in constitutional matters—individuals are less likely to support court-curbing measures when informed that elites from the opposite party have proposed them than when such measures are endorsed by either a neutral source or members of their own party. We also find a strong connection between specific support for particular decisions and the degree to which people believe the Court should be free from external influence, as individuals are more likely to say the justices should be influenced by demonstrators when the side they favor is the one doing the demonstrating. These results have important implications for understanding the extent to which politicians can shape the public’s overall support for the Court, as well as for assessing the degree to which the public views the Court as a “political” institution. [ABSTRACT FROM PUBLISHER]

This Article argues against the conventional wisdom about nonpartisan judicial elections. In contrast to the claims of policy advocates and the scholarly literature, we suggest that nonpartisan elections do not necessarily encourage greater judicial independence than partisan elections. Instead, nonpartisan elections create the incentive for judges to cater to public opinion, and this pressure is particularly strong for the types of issues that attract attention from interest groups, the media, and voters. After developing this argument, we support it with new empirical evidence. Specifically, we examine patterns of judicial decisions on abortion-related cases heard by state courts of last resort between 1980 and 2006. Analyzing nearly 600 decisions from sixteen states, we demonstrate that public opinion about abortion policy affects judicial decisions in nonpartisan systems, while no such relationship exists in states with partisan elections. Accordingly, this Article suggests that in states with nonpartisan elections, public opinion plays an underappreciated role in the courtroom. [ABSTRACT FROM AUTHOR]