Analyzing Reasons for Judicial Decision-Making in Religion Clause Cases

Author: Maya Jurkevich

Field of Study: Economics

Program Affiliation: Source Project Research Program

Faculty Mentors: Wendy Martinek

Easel: 53

Timeslot: Afternoon

Abstract: Why do Supreme Court justices, analyzing the same cases, often come to different conclusions? This paper examines variation in justices’ votes in cases involving the religion clauses of the First Amendment. Using justice-centered data from the Supreme Court Database, this study analyzes individual justices’ votes in Free Exercise and Establishment Clause cases to determine what factors may explain the observed variation. Drawing on established theories of judicial behavior - including the attitudinal and legal models - it evaluates the role of political ideology, religious denomination, and doctrinal differences in shaping voting behavior. This study aims to assess not only the independent effects of these factors, but also whether the influence of ideology varies across different types of religion clause cases. This approach aims to clarify the sources of variation in judicial decision-making and their broader implications for religious liberty in the United States.