Assessing the Applicability of Strategic Theory to Explain Decision Making on the Courts of Appeals

The focus of this analysis is whether a strategic perspective provides a useful approach that enhances an understanding of broad patterns of judicial decision making on the U.S. Courts of Appeals. The authors examine whether it is reasonable in the majority of cases for appeals court judges to modify their behavior when necessary to avoid reversal by the Supreme Court. This assessment utilizes statistical analyses and interviews from twenty-eight judges on the U.S. Courts of Appeals. Based on a three-part argument, the authors conclude that a strategic perspective is not helpful in understanding the decision calculus of appeals court judges.