In this chapter, I develop methodologies for evaluating Supreme Court power. First, I consider the complicated issue of strategic Court action and problems it poses for my examination of Court power. Second, I identify principles that will guide my case selection process in order to make reliable causal inferences about the relationship between Court rulings and outcomes. Next, I borrow methodology developed by David Mayhew in order to identify “important” Supreme Court rulings, which will be a critical component of my case selection process. Then, I explain how I will measure the dependent variable (behavior outcomes) and independent variables (the institutional context of the issue and political opposition to the Court's rulings). Finally, I present a summary of the hypothesis I will test regarding Supreme Court power.

THE PROBLEM OF STRATEGIC COURT ACTION

To this point, I have defined judicial power as an actual or potential causal relation between the preferences of a judge or judges regarding the outcome of a court ruling and the outcome itself.