The Policymaking Role of State Supreme Courts in Education Policy

Author: Wilhelm, Teena

Source: Legislative Studies Quarterly, Volume 32, Number 2, May 2007 , pp. 309-333(25)

Publisher: Comparative Legislative Research Center, The University of Iowa

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Abstract:

In this article, I examine the relationship between courts and legislatures from a comparative perspective. Specifically, I discuss how (1) the ideological composition of the bench, (2) the propensity of court involvement in a given policy area, and (3) the presence of an advisory opinion affect the number of bill introductions and policy enactments by state legislatures. Examination of education policy in the American states reveals that ideologically distant courts limit the number of bill introductions and bill enactments in state legislatures. Alternatively, the presence of an advisory opinion increases policy introduction and enactment in state legislatures. A fundamental implication of these findings is that courts exert the greatest impact on policy during the introduction stage of the legislative process. Previous studies have not examined the introduction stage and have therefore marginalized the real impact of court influence on policy.

Document Type: Research article

DOI: 10.3162/036298007780907914

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