Title

U.S. District Court Decision-Making in USA PATRIOT Act Cases after September 11

Publication Title

Justice System Journal

Publication Date

4-2014

Document Type

Article

DOI

10.1080/0098261X.2013.868279

Keywords

USA PATRIOT Act, terrorism, judicial decision-making, federal district court

Disciplines

American Politics | Political Science

Abstract

Our analysis of federal district court decisions in USA PATRIOT Act cases after September 11 shows that while district courts exhibit great deference to the executive during times of war, especially in terrorism threat and immigration cases, they are not inclined to protect civil rights and liberties during times of domestic or international conflict. While judicial ideology does not influence case outcomes, the presence of a civil-libertarian interest group decreases the chance of a deferential decision, and a more conservative Senate and president increases the chance of judicial deference.

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