IMPACT OF JUDICIAL ACTIVISM ON PUBLIC OPINION

• NCJ Number: 54314
• Journal: American Journal of Political Science Volume: 22 Issue: 4 Dated: (NOVEMBER 1978) Pages: 896-904
• Author(s): R LEHNE; J REYNOLDS
• Date Published: 1978
• Length: 9 pages
• Corporate Author: University of Texas Press
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS RESEARCH EXPLORES THE IMPACT OF JUDICIAL ACTIVISM BY EXAMINING CITIZEN EVALUATIONS OF THE NEW JERSEY SUPREME COURT IN ITS INVOLVEMENT IN A POLITICAL CONTROVERSY.

Abstract

IN APRIL 1973, THE NEW JERSEY SUPREME COURT RULED IN ROBINSON V. CAHILL THAT THE STATE'S SYSTEM FOR FINANCING ELEMENTARY AND SECONDARY EDUCATION VIOLATED A PROVISION OF THE STATE CONSTITUTION. AFTER SOME PRODDING FROM THE COURT, THE LEGISLATURE ENACTED A NEW PROGRAM FOR AIDING AND FOR GOVERNING LOCAL EDUCATION, BUT DID NOT PROVIDE FUNDING FOR THE NEW SYSTEM. WHEN FUNDING WAS NOT PROVIDED AFTER A PERIOD PRESCRIBED BY THE COURT, THE COURT ORDERED THE CLOSING OF ALL ELEMENTARY AND SECONDARY SCHOOLS IN THE STATE. EIGHT DAYS LATER THE LEGISLATURE PASSED AND THE GOVERNOR SIGNED A MEASURE IMPOSING A STATEWIDE INCOME TAX, AND THE SCHOOLS WERE REOPENED. THE CITIZENS' EVALUATIONS OF THE NEW JERSEY SUPREME COURT WERE EXAMINED BY USING THE HYPOTHESES DERIVED FROM EMPIRICAL STUDIES OF PUBLIC SUPPORT FOR THE UNITED STATES SUPREME COURT. THE STUDY EXAMINED WHETHER EVALUATIONS OF THE NEW JERSEY SUPREME COURT WERE RELATED TO PARTISANSHIP (REPUBLICAN, DEMOCRAT), IDEOLOGY (LIBERAL, CONSERVATIVE), EVALUATIONS OF THE GOVERNOR, OR APPROVAL OF THE ROBINSON DECISION ITSELF. THERE WERE FOUR SURVEYS USING TELEPHONE INTERVIEWS WITH A STRATIFIED SAMPLE OF APPROXIMATELY 1,000 ADULTS. RESULTS OF THE SURVEY SHOW THAT THE ABSOLUTE RATING OF THE COURT ITSELF DID NOT MOVE IN ANY CONSISTENT DIRECTION. FURTHERMORE, THE FLUCTUATIONS IN THE EVALUATIONS COINCIDED WITH SIMILAR SHIFTS IN PUBLIC RATINGS OF NEW JERSEY'S GOVERNOR AND LEGISLATURE. THUS, THE DATA SUGGEST THAT JUDICIAL ACTIVISM IN NEW JERSEY DID NOT DIRECTLY AND SUBSTANTIALLY AFFECT PUBLIC ATTITUDES TOWARD THE SUPREME COURT. THE STUDY LEAVES UNEXPLORED, HOWEVER, THE QUESTION OF WHETHER COURT ACTIVISM AFFECTS POLITICAL OPINIONS IN WAYS MORE INDIRECT AND CIRCUITOUS THAN THOSE FORMULATED IN THE TESTED HYPOTHESES. TABULAR DATA AND REFERENCES ARE PROVIDED. (RCB)