Analyzing the Roles of Law and Politics in Judicial Decision Making: Predicting U.S. Supreme Court Justices’ Votes on a Case of Affirmative Action

Authors

Ashley Renkor, Eastern Illinois University

Abstract

This study seeks to study relevant precedent cases concerning affirmative action, the 14th Amendment equal protection clause, the 5th Amendment equal protection clause, and the Civil Rights Act of 1964, with the goal of predicting how certain justices will vote in the affirmative action case, Fisher vs. the University of Texas at Austin. I conclude that justices will debate numerous aspects at play, such as original intent, plain meaning, precedent, policy preferences, public opinion, personal experience, the federal government, and interest groups in order to take positions in the Fisher case for the second time around with an intent to make a moving statement on affirmative action.

Recommended Citation

Renkor, Ashley (2016) "Analyzing the Roles of Law and Politics in Judicial Decision Making: Predicting U.S. Supreme Court Justices’ Votes on a Case of Affirmative Action," The Eastern Illinois University Political Science Review: Vol. 5: Iss. 1, Article 3.
Available at: https://thekeep.eiu.edu/eiupsr/vol5/iss1/3