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Measuring Judicial Activism$
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Stefanie A. Lindquist and Frank B. Cross

Print publication date: 2009

Print ISBN-13: 9780195370850

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195370850.001.0001

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Judicial Review of Executive Branch Actions

Judicial Review of Executive Branch Actions

(p.85) five Judicial Review of Executive Branch Actions
Measuring Judicial Activism

Stefanie A. Lindquist

Frank B. Cross (Contributor Webpage)

Oxford University Press

The invalidation of executive branch actions is often overlooked as a dimension of judicial activism, but the executive branch is also majoritarian to the extent it undertakes actions in accordance with the President's policy agenda. Thus, this chapter evaluates the extent to which the individual justices are willing to vote to overturn the actions of federal executive branch agencies, as well as the extent to which the justices do so in reaction to the substantive content of the agency's policy judgments. Unlike their voting behavior in cases evaluating the constitutionality of state or federal legislation, in this context the justices demonstrate similar voting patterns, with most voting to invalidate executive action less than 30% of the time. Nevertheless, some justices are more ideological in their decision making in these cases than others, reflecting differences across the second dimension of judicial activism: ideological activism.

Keywords:   administrative agencies, bureaucracy, executive branch, president, judicial review

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