Answers are grounded in this paper and cite their sources.
I develop a formal model of the interaction between auditing by the Supreme Court (certiorari) and compliance by the lower courts, presenting three challenges to the existing literature. First, I show that even discretionary certiorari (the Court can choose which cases to hear) only goes so far in inducing compliance. Second, the literature often treats the Court as a unitary actor, ignoring the Rule of Four (only four votes are needed to grant certiorari). This rule is generally assumed to limit majoritarian dominance - this is a puzzle given that the rule itself is subject to majority control. I show that it actually increases majority power by increasing lower court compliance. Finally, while sincere behavior is often taken for granted at the Supreme Court level, I show that potential non-compliance creates heretofore unrecognized incentives for the justices to conceal their true preferences, so as to induce greater compliance. They can exploit even minimal uncertainty to manipulate asymmetric information in a signaling game of strategic reputation building, further increasing compliance under the Rule of Four.
No takes yet. Share an insight, caveat, or question.
Jeffrey R. Lax (2003) studied this question.
Synapse has enriched 10 related papers. Consider them for comparative context: