Kapiszewski (2011), “Tactical Balancing: High Court Decision Making on Politically Crucial Cases”
Kapiszewski, Diana. Tactical Balancing: High Court Decision Making on Politically Crucial Cases (2011). Law & Society Review, 45(2), 471–506. https://doi.org/10.1111/j.1540-5893.2011.00437.x High court decision making in politically sensitive cases cannot be fully understood through ideological or strategic models alone. Kapiszewski advances the thesis of tactical balancing, arguing that justices weigh a specific set of considerations—including their …