Communicating judicial retirement

Álvaro Bustos*, Tonja Jacobi

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

Justices can strategically shape perceptions of their likely retirements, and so influence the President and Senate in choosing an ideologically compatible replacement. Relatively new justices can vote insincerely to affect how their ideologies are perceived, but their strategies are shaped by older justices' expected retirement probabilities. We show that "strong messages" of retirement are likely when new justices vote insincerely and the new and retiring justices' ideologies are aligned. "Weak messages" are more likely when new justices vote sincerely or, if they do vote insincerely, the old and new justices' ideologies are unaligned.

Original languageEnglish (US)
Pages (from-to)107-118
Number of pages12
JournalInternational Review of Law and Economics
Volume43
DOIs
StatePublished - Aug 1 2015

Funding

We are thankful for comments provided by Ezra Friedman, Peter Dicola and attendees at the 2013 American Law and Economics Association meeting 2013 (Vanderbilt University); the 2014 Latinoamerican Law and Economics Association meeting 2014 (Universidad Francisco Marroquín). Bustos also thanks Fondecyt Grant no. 1141235 for funding.

Keywords

  • Communication
  • Justices
  • K10
  • K30
  • K40
  • Messages
  • Nominations
  • Retirement
  • Signaling
  • Supreme Court

ASJC Scopus subject areas

  • Finance
  • Economics and Econometrics
  • Law

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