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The Ideological Divide: Conflict And The Supreme Court's Certiorari Decision , Emily Grant, Scott A. Hendrickson, Michael S. Lynch

Cleveland State Law Review

This Article bridges a gap in existing literature by evaluating, from an empirical perspective, the impact of conflict among the lower courts on the Supreme Court’s decision to grant or deny a petition for a writ of certiorari. Specifically, this Article looks at the political ideology of the lower courts involved in a split of authority on federal law and compares those positions to the political ideology of the Supreme Court itself. This Article concludes that the ideological content of lower court opinions in a conflict case impacts the Supreme Court’s certiorari decisions in a statistically significant way, and thus …