The article, ‘Tactical Balancing: High Court Decision Making on Politically Crucial Cases,’ by Diana Kapiszewski, talks about 7 different approaches which judges use when deciding a case. One of these approaches is the Justices’ ideology. For this approach, whoever the Justice prefers for the policy and whichever side they fall on in the ideological spectrum will determine which side the Justice will lean towards in their decision making. The second tactical approach which Justices use is corporate/institutional interests. When justices make this approach, they will go towards toward the corporate or institution which they think will affect them the least. An example of this would be if a corporate interest wanted to cut costs on a public-sector salary, the judge might refuse to accept it if he knows that it will affect them and the people below them. A third tactical approach is public opinion. For this approach, the judge might challenge the elected branches if he believes that the support for the court is strong enough that retaliation from the elected leaders would be too costly. The fourth approach is the elected-leader’s preference. When an elected leader has a preference for something, the preference they have can influence how the court rules on a given situation. A fifth approach is political repercussions. For this approach, when a justice makes a decision, he has to think about the repercussions of his decision. The last and sixth approach is legal considerations. For this approach, court decisions can be influenced by the law or legal
The article, ‘Tactical Balancing: High Court Decision Making on Politically Crucial Cases,’ by Diana Kapiszewski, talks about 7 different approaches which judges use when deciding a case. One of these approaches is the Justices’ ideology. For this approach, whoever the Justice prefers for the policy and whichever side they fall on in the ideological spectrum will determine which side the Justice will lean towards in their decision making. The second tactical approach which Justices use is corporate/institutional interests. When justices make this approach, they will go towards toward the corporate or institution which they think will affect them the least. An example of this would be if a corporate interest wanted to cut costs on a public-sector salary, the judge might refuse to accept it if he knows that it will affect them and the people below them. A third tactical approach is public opinion. For this approach, the judge might challenge the elected branches if he believes that the support for the court is strong enough that retaliation from the elected leaders would be too costly. The fourth approach is the elected-leader’s preference. When an elected leader has a preference for something, the preference they have can influence how the court rules on a given situation. A fifth approach is political repercussions. For this approach, when a justice makes a decision, he has to think about the repercussions of his decision. The last and sixth approach is legal considerations. For this approach, court decisions can be influenced by the law or legal