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University of Kentucky Doctoral Dissertations Graduate School
2010
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Jerry D. Thomas
University of Kentucky, [email protected]
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Thomas, Jerry D., "LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS JUDICIAL REVIEW OF
FEDERAL AGENCY DECISIONS" (2010). University of Kentucky Doctoral Dissertations. 115.
https://uknowledge.uky.edu/gradschool_diss/115
This Dissertation is brought to you for free and open access by the Graduate School at UKnowledge. It has been
accepted for inclusion in University of Kentucky Doctoral Dissertations by an authorized administrator of
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ABSTRACT OF DISSERTATION
JERRY D. THOMAS
THE GRADUATE SCHOOL
UNIVERSITY OF KENTUCKY
2010
LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS:
JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS
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ABSTRACT OF DISSERTATION
__________________________________
A dissertation submitted in partial fulfillment of the
requirements for the degree of Doctor of Philosophy
in the College of Arts and Sciences
at the University of Kentucky
By Jerry D. Thomas
Lexington, Kentucky
Director: Dr. Ellen D. B. Riggle, Professor of Political Science
Lexington, Kentucky
2010
Copyright © Jerry D. Thomas 2010
ABSTRACT OF DISSERTATION
LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS:
JUDICIAL REVIEW OF FEDERAL AGENCY DECISIONS
The attitudinal model of judicial behavior dominates judicial politics scholarship,
including studies of federal courts and agencies. Extant research finds limited support for
legal constraints as determinants of judge behavior when agency decisions are under
review. Attitudinal scholars suggest judges substitute their policy preferences in place of
agency preferences. Contrarily, the legal model suggests judges defer to agencies because
of procedures and doctrine rooted in the rule of law.
This study tests hypotheses predicting whether federal agency review decisions in
the U.S. Courts of Appeals during 1982-2002 are a function of judges‘ attitudes, namely
ideology, or a function of legal constraints, including agency adherence to legally
prescribed procedures and agency passing standard-of-review muster. Using logistic
regression, I examine the impact of legal and ideological variables on the outcome of
judges‘ reviews of agency decisions.
Results support several hypotheses. Agency adherence to procedural standards,
such as those outlined in the Administrative Procedures Act, increases the likelihood that
a review panel will defer to the agency. If review panels and judges answer standard-of-
review questions favorably toward agencies, review panels and judges are more likely to
support agencies in final case outcomes. Individual judge votes to support agencies are
influenced by the ideology of other judges on the review panel: if the ideology of the
review panel is in agreement with the agency position, individual judges are more likely
to support agencies in final case outcomes. Finally, a judge is more likely to dissent when
he/she is in ideological (dis)agreement with the agency position.
In sum, results suggest that judges‘ regard for law and regard for their judge
colleagues informs decisionmaking. Judges often defer to federal administrative agencies,
even when their personal policy preferences are not found to be significantly associated
with decisions. Judges‘ ideological preferences appear to be less important in the U.S.
Courts of Appeals than previous scholarship indicates, but ideology may influence
judges‘ decisions through the ideological composition of the review panel and in dissent
behavior. The implication is that the legal model of judicial behavior may be more
prominent than the attitudinal model in the U.S. Courts of Appeals.
KEYWORDS: Judicial Behavior, U.S. Courts of Appeals, Judicial Review, Federal
Administrative Agencies, Attitudinal Model
______________________________
Student‘s Signature
______________________________
Date
LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS: JUDICIAL REVIEW
OF FEDERAL AGENCY DECISIONS
By
Jerry D. Thomas
______________________________
Director of Dissertation
______________________________
Director of Graduate Studies
______________________________
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DISSERTATION
JERRY D. THOMAS
THE GRADUATE SCHOOL
UNIVERSITY OF KENTUCKY
2010
LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS: JUDICIAL REVIEW
OF FEDERAL AGENCY DECISIONS
__________________________________
DISSERTATION
__________________________________
A dissertation submitted in partial fulfillment of the
requirements for the degree of Doctor of Philosophy
in the College of Arts and Sciences
at the University of Kentucky
By Jerry D. Thomas
Lexington, Kentucky
Director: Dr. Ellen D. B. Riggle, Professor of Political Science
Lexington, Kentucky
2010
Copyright © Jerry D. Thomas 2010
for my teachers and mentors
Description:Thomas, Jerry D., "LAW AND IDEOLOGY IN THE U.S. COURTS OF APPEALS JUDICIAL REVIEW OF FEDERAL AGENCY D.C. Circuit Review Panels Not More Ideological, Maybe More Deferential . 158 insufficient to guide agency actions, step two of the Chevron doctrine requires courts to.
