October 31, 2024

Kirsten Widner and Anna Gunderson, "The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021" (Cambridge UP, 2024)

1 hour 5 minutes

There has been a lot of commentary from scholars and journalists as to the meaning of Donald Trump’s three appointments to the United States Supreme Court – with regards to changes in jurisprudence, increased separation of the Court from political processes that legitimate it. Drs. Kirsten Widner and Anna Gunderson have done something a little different using tools from political science.

Their new book, The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021 (Cambridge UP 2024), examines how the changing composition of the US Supreme Court affects who participates in advocacy before the Court. Who thinks to bring a case to the Supreme Court and has that changed since three new justices were appointed during the presidency of Donald Trump? Their book argues that Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have changed the behavior of both litigants (people bringing cases) and amicus curiae (groups that write briefs in support of either side).

Their study demonstrates that the growing conservatism of the Court radically reshaped the incentives of interested parties and, as a result, their participation in litigation activity. These changes in incentives have both normative and substantive importance – decreasing the power of marginalized groups and increasing opportunities for people and groups with conservative interests. Their study shows how the makeup of the Supreme Court affects the issues heard and which voices are heard loudest in the documents.

Kirsten Widner is an Assistant Professor of Political Science at the University of Tennessee, Knoxville. She received her JD from the University of San Diego School of Law and her PhD from Emory University. Her research focuses on the political representation of marginalized and unenfranchised groups.

Anna Gunderson is an Associate Professor of Public Affairs at the University of Texas, Austin and she received her PhD from Emory University. She studies American politics; the politics of punishment and policing; judicial politics; state politics; and public policy.

Mentioned:

Anna Gunderson, Kirsten Widner, and Maggie Macdonald, “Pursuing Change or Pursuing Credit? Litigation and Credit Claiming on Social Media,” Journal of Law and Courts 2024.

Rebecca Kreitzer and Candis Watts, “Reproducible and replicable: An empirical assessment of the social construction of politically relevant target groups.”

Ann Schneider and Helen Ingram, “Social construction of target populations: Implications for politics and policy” and Policy Design for Democracy.

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