"Crafting Law on the Supreme Court is a first-rate examination of what happens in the crucial stages after
the justices reach a decision on the merits. By putting hypotheses about strategic interdependence through the
rigors of (appropriately) sophisticated econometric tests, we learn much that is new about bargaining and accommodation
over the Courtás opinion."
--Jeffrey Segal, State University of New York, Stony Brook
"In this pathbreaking study, Maltzman, Spriggs, and Wahlbeck unravel the mysteries of strategic behavior inside
the Supreme Court--how Justices engage in instrumental behavior to achieve case outcomes consistent with their
doctrinal and policy perspectives. Their efforts to extend the analysis beyond mere case studies and to reach significant
general conclusions should set the agenda for further research and be of interest to all students of the Supreme
Court."
--Philip P. Frickey, University of Minnesota
"Utilizing data drawn from the papers of several Supreme Court justices, Crafting Law on the Supreme Court
is an outstanding addition to the rational choice and the courts literature and will surely be seen as a classic
in the field. More traditional students of public law will also profit from the extensive reprinting and discussion
of justices' memoranda and the fashioning of Supreme Court doctrine."
--Sheldon Goldman, University of Massachusetts at Amherst
Cambridge University Press Web Site, March, 2001
Summary
In Crafting Law on the Supreme Court, Maltzman, Spriggs, and Wahlbeck use material gleaned from internal memos
circulated among justices on the U.S. Supreme Court to systematically account for the building of majority opinions.
The authors argue that at the heart of this process are justices whose decisions are constrained by the choices
made by the other justices. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional
portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides
a fascinating glimpse of how the Court crafts the law.
Table of Contents
1. Introduction
2. Selecting an author: assigning the majority opinion
3. A strategic response to draft opinions
4. The decision to accommodate
5. The politics of coalition formation
6. Conclusion.