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Journal of Law, Economics, and Organization Advance Access originally published online on May 9, 2007
Journal of Law, Economics, and Organization 2007 23(2):346-364; doi:10.1093/jleo/ewm025
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© The Author 2007. Published by Oxford University Press on behalf of Yale University. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Presidents, Justices, and Deference to Administrative Action

Joseph L. Smith*

The University of Alabama

* Assistant Professor, Department of Political Science, The University of Alabama, Box 870213, Tuscaloosa, AL 35487-0213. Email: josmith{at}bama.ua.edu.

This article examines the effect of the relationship between the president and Supreme Court Justices on justices' voting in administrative law cases. I evaluate Cohen and Spitzer's theory that justices tailor the pro- or antideference signal sent to the lower courts based on their relationship with the sitting president. The results show, contrary to the theory of Cohen and Spitzer, that justices' votes in administrative law cases are influenced by the ideology of the president under whom the administrative decisions were made rather than by the ideology of the president in office at the time of the Court's decision.


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