Setting the Supreme Court’s Policy Agenda

Abstract We develop a new approach to understanding which legal questions the Supreme Court chooses to address. We show that the Supreme Court is more likely to resolve ideologically polarizing legal questions. This result is based on a new technique for estimating the ideology of a doctrine, which we implement using a dataset of intercircuit splits. We use this technique to identify legal issues that are ideologically polarizing and show they are more likely to be addressed by the Supreme Court than less polarizing issues. Our results demonstrate how the Supreme Court uses certiorari to advance its ideological policymaking goals.