TRACKING PUBLIC MOOD IN THE SUPREME-COURT - CROSS-TIME ANALYSES OF CRIMINAL-PROCEDURE AND CIVIL-RIGHTS CASES

Representational models of judicial decision making posit that the Sup reme Court is a permeable institution, subject to external pressures-n amely elite and mass opinion. Court rulings, therefore, should be demo nstrably congruent with the views of the majoritarian electoral/politi cal alliance. Building upon an innovative study by Mishler and Sheehan (1993), the relationship between public and elite attitudes and Supre me Court rulings are examined in two important issue areas: criminal p rocedure and race-related civil rights. The results indicate that perm eability of the Court varies to some degree according to issue area. W hile public opinion (in the pre-Reagan years) has a direct affect on S upreme Court liberalism in both issue areas, the direct impact of elit e opinion is evidenced only in the area of criminal procedure, not in the area of race-related civil rights. The relationship between public opinion and Court liberalism during the Reagan years, however, is neg ative as the gap between liberalism in the public ''mood'' and in Cour t decisions has widened. These nuances in the relationship between the Supreme Court and the broader sociopolitical environment indicate tha t the Court does follow changes in the dominant political alliance mor e readily in some issue areas than it does in others.