“The Legitimacy of the United States Supreme Court in a Polarized Polity”

James Gibson has posted this fascinating draft on SSRN. A snippet relevant to election law:

    Although the American people are severely divided on many important issues of public policy, when it comes to the institution itself, support for the Court has little if anything to do with ideology and partisanship. Liberals trust the Court at roughly the same level as conservatives; Democrats and Republicans hold the Supreme Court in similar regard. I do not argue that different people do not have different expectations and evaluations of Court-made policy: Liberals and conservatives unquestionably differ in their preferences for how the Supreme Court should decide important issues of public policy. But as yet, the legitimacy of the Court has not been threatened by the divisions over public policy. Even the most contentious of issues — such as those decided in Bush v. Gore or abortion rights — seem not to have undermined public confidence in the Supreme Court as an institution.

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