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The Partisan Dimensions Of Federal Preemption In The United States Courts Of Appeals, Bradley Joondeph
The Partisan Dimensions Of Federal Preemption In The United States Courts Of Appeals, Bradley Joondeph
Bradley W. Joondeph
This paper explores some of these empirical uncertainties surrounding the political dimensions of preemption in the federal courts. More concretely, it presents a statistical study of every preemption decision rendered by the United States Courts of Appeals from January 1, 2005, to December 31, 2009, a total of 560 decisions and just over 1,700 judicial votes. And these data tell a story consisting of two distinct parts. The first part is that preemption disputes seem to produce a large measure of judicial consensus. In the full universe of cases, there is only a slight difference between Republican and Democratic appointees: …