Courts are often thought of as protectors of minority rights. What happens when the composition of courts changes such that politically disadvantaged groups expect a less favorable reception? We examine whether the increasing conservatism of the US Supreme Court during Donald Trump's presidency changed the behavior of litigants and amicus curiae. We test whether membership changes led to reduced filings by individuals and organizations representing marginalized groups and increased filings by businesses and conservative states and interest groups. We find substantial reductions in participation by the most politically disadvantaged and substantial increases in participation by the most conservative groups.
This Element examines whether the increasing conservatism of the US Supreme Court during Donald Trump's presidency changed the behavior of litigants and amicus curiae. The authors find substantial reductions in participation by the most politically disadvantaged and substantial increases in participation by the most conservative groups.
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This Element shows that elections matter, as seen in the impact of Trump's Supreme Court appointments.
1. Introduction: supreme court membership change and its consequences;
2. Changes in petitioner behavior;
3. Changes in amicus behavior;
4.
Elections have consequences: looking beyond trump's justices; References.
