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  • 2 - Going Public on Pending Decisions

  • Paul M. Collins, Jr, University of Massachusetts, Amherst, Matthew Eshbaugh-Soha, University of North Texas
  • Book:
    The President and the Supreme Court
    Published online:
    13 December 2019
    Print publication:
    09 January 2020, pp 27-52

  • Summary

    Chapter 2 explores the motivations for going public on pending Supreme Court decisions and the effect of these speeches on case outcomes. Though presidents commonly use speeches to shape the actions of Congress and the bureaucracy, this is a risky tactic with regard to the Supreme Court, since it makes the president susceptible to attacks for violating the norm of judicial independence. Moreover, it is not entirely clear why a president would turn to public speeches to influence the justices when the Solicitor General is available to litigate cases or file amicus curiae (“friend of the court”) briefs before the Court on behalf of the administration. We conclude that presidents’ primary motivation to speak about pending cases is not to influence their outcomes, but rather to take public positions that demonstrate their commitment to the policies implicated in the litigation, including shaping how the public understands the constitutional issues involved in the cases.