Litigation, Judicial Deference, and Policy Change

Social scientists have reported extensively on the impact of Supreme Court decisions overturning public policy, but not on those sustaining it. This article stresses the need to study the impact of litigation, including the impact of losing lawsuits. Presenting data on the impact of San Antonio Independent School District v. Rodriguez, the article demonstrates how a losing lawsuit can produce positive policy change from the consumer's perspective. After comparing the policy aftermath of Rodriguez with that of two winning school‐finance cases, I suggest that the final judicial decision may not be the most significant event in litigation stimulating policy change.