Litigants and Case Selection on the Supreme Court of the United States (Certiorari)

What is it about?

Complementing the burgeoning literature on agenda setting on the Supreme Court of the United States, this paper addresses a key question heretofore overlooked – is the justices’ choice to review a decision independent of the selection of cases for review by the litigants? We argue that the certiorari process cannot be modeled as an independent one. Rather, it is inextricably linked with and essentially contingent on the behavior of litigants, who bring the case to the Supreme Court.

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Why is it important?

Relates litigants behavior to the decision on case selection on the Supreme Court of the United States