000 01850pab a2200169 454500
008 180718b2008 xxu||||| |||| 00| 0 eng d
100 _aGibson, James L.
245 _aChallenges to the impartiality of state supreme courts: legitimacy theory and "New-Style" judicial campaigns
260 _c2008
300 _ap.59-75.
362 _aFeb
520 _aInstitutional legitimacy is perhaps the most important political capital courts possess. Many believe, however, that the legitimacy of elected state courts is being threatened by the rise of politicized judicial election campaigns and the breakdown of judicial impartiality. three features of such campaigns, the argument goes, are dangerous to the perceived impartiality of courts; campaign contributions, attack ads, and policy pronouncements by candidates for judicial office. By means of an experimental vignette embedded in a representative survey, I investigate whether these factors in fact compromise the legitimacy of courts. The survey data indicate that campaign contributions and attack ads do indeed lead to a diminution of legitimacy, in courts just as in legislatures. However, policy pronouncements, even those promising to make decisions in certain ways, have no impact whatsoever on the legitimacy of courts and judges. These results are strongly reinforced by the experiment's ability to compare the effects of these campaign factors across institutions (a state Supreme Court and a state legislature). Thus, this analysis demonstrates that legitimacy is not obdurate and that campaign activity can indeed deplete the reservoir of goodwill courts typically enjoy, even if the culprit is not the free-speech rights the US Supreme Court announced in 2002. - Reproduced.
650 _aJudiciary
773 _aAmerican Political Science Review
908 _aN
909 _a79025
999 _c79025
_d79025