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Supreme Court Litigants and Strategic Framing
Author(s) -
Wedeking Justin
Publication year - 2010
Publication title -
american journal of political science
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 6.347
H-Index - 170
eISSN - 1540-5907
pISSN - 0092-5853
DOI - 10.1111/j.1540-5907.2010.00450.x
Subject(s) - framing (construction) , typology , salient , supreme court , rhetoric , politics , framing effect , political science , law , strategic choice , judicial opinion , law and economics , social psychology , sociology , public relations , psychology , economics , engineering , linguistics , philosophy , structural engineering , industrial organization , anthropology , health communication
Although litigants invest a huge amount of resources in crafting legal briefs for submission to the Supreme Court, few studies examine whether and how briefs influence Court decisions. This article asks whether legal participants are strategic when deciding how to frame a case brief and whether such frames influence the likelihood of receiving a favorable outcome. To explore these questions, a theory of strategic framing is developed and litigants' basic framing strategies are hypothesized based on Riker's theory of rhetoric and heresthetic as well as the strategic approach to judicial politics. Using 110 salient cases from the 1979–89 terms, I propose and develop a measure of a typology of issue frames and provide empirical evidence that supports a strategic account of how parties frame cases.