Your Honor's Misdeeds: The Consequences of Judicial Scandal on Specific and Diffuse Support

Abstract

Legitimacy is a bulwark for courts; even when judges engage in controversial or disagreeable behavior, the public tends to acquiesce. Recent studies identify several threats to the legitimacy of courts, including polarization and attacks by political elites. This article contributes to the scholarly discourse by exploring a previously unconsidered threat: scandal, or allegations of personal misbehavior. We argue that scandals can undermine confidence in judges as virtuous arbiters and erode broad public support for the courts. Using survey experiments, we draw on real-world judicial controversies to evaluate the impact of scandal on specific support for judicial actors and their rulings and diffuse support for the judiciary. We demonstrate that scandals erode individual support but find no evidence that institutional support is diminished. These findings may ease normative concerns that isolated indiscretions by controversial jurists may deplete the vast "reservoir of goodwill" that is foundational to the courts.

Publisher

Cambridge University Press

Publication Date

4-1-2023

Publication Title

PS: Political Science & Politics

Department

Politics

Document Type

Article

DOI

https://dx.doi.org/10.1017/S104909652200138X

Keywords

Legitimacy

Language

English

Format

text

Link to Full Text

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