Passing and Strategic Voting on the U.S. Supreme Court

Analyzing strategic aspects of judicial decisionmaking is an important element in understanding how law develops. In this article, we examine sophisticated voting on the U.S. Supreme Court by empirically modeling justices' decisions to pass when it is their turn to vote during conference discussions. We argue that, due to the opinion assignment norm, the chief justice may pass when one of the key conditions necessary for sophisticated voting—certainty about the views held by other justices and the agenda—is lacking. By passing, the chief can view his colleagues' votes in order to determine which vote will allow him to assign the majority opinion and, ultimately, forward his policy preferences. Using data from Justice Lewis F. Powell's conference notes, we show that the chief passes for this purpose, and that doing so is an effective strategy. In addition, we show that the senior associate justice in a case, who has a nontrivial chance of assigning the majority opinion, also passes for strategic reasons. As we expect, the data indicate that the remaining associates seem not to pass for strategic purposes.     

Sexual Debut Timing and Depressive Symptoms in Emerging Adulthood

The association between sexual debut timing and depressive symptomatology in adolescence and emerging adulthood was examined using data from Waves I, II and III of the National Longitudinal Study of Adolescent Health. Respondents who reported never having sexual intercourse at Wave I and were 18–22 years of age at Wave III were included (n = 5,061). Twenty percent of respondents experienced early (<age 16) and 49% experienced typical (ages 16–18) sexual debut. In bivariate analyses, pre-debut depressive symptoms were associated with earlier sexual debut among female but not male adolescents. In models adjusting for demographic characteristics and pre-debut depressive symptoms, sexual debut was positively related to adolescent (Wave II) depressive symptomatology, but only among female adolescents age less than sixteen. However, sexual debut timing was unassociated with emerging adult (Wave III) depressive symptomatology for both male and female respondents. Findings suggest sexual debut timing does not have implications for depressive symptomatology beyond adolescence.