The legislature wields multiple tools to limit judicial power, but scholars have little information about how judges interpret variant threats and which they find most concerning. To provide insight, we conduct original interviews regarding legislative threats to courts with over two dozen sitting federal judges, representing all tiers of the federal judiciary. We find that judges have a nuanced understanding of threats and tend to identify components of legislative proposals that threaten formal institutional powers as more concerning than those challenging policy set by judges. This distinction has broad implications for our understanding of judicial behavior at the federal level.

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Publication Date

Fall 2018

Notes/Citation Information

Published in Journal of Law and Courts, v. 6, no. 2, p. 333-353.

© 2018 by the Law and Courts Organized Section of the American Political Science Association. All rights reserved.

The copyright holder has granted the permission for posting the article here.

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