REASSESSING THE FRESHMAN EFFECT: THE VOTING BLOC ALIGNMENT OF NEW JUSTICES ON THE UNITED STATES SUPREME COURT, 1921-1990

PART OF THE CONVENTIONAL WISDOM ABOUT THE UNITED STATES SUPREME COURT IS THE PRESUMED EXISTENCE OF A "FRESHMAN EFFECT," A DISTINCT PATTERN OF BEHAVIOR THOUGHT TO BE ASSOCIATED WITH NEWLY-APPOINTED JUSTICES. AMONG OTHER THINGS, FRESHMEN JUSTICES ARE THOUGHT TO BE LESS LIKELY THAN THEIR SENIOR COLLEAGUES TO VOTE WITH ESTABLISHED IDEOLOGICAL BLOCS ON THE COURT. HOWEVER, THE EMPIRICAL EVIDENCE FOR THE FRESHMAN EFFECT IN VOTING IS SOMEWHAT AMBIGUOUS. IN ORDER TO TEST FOR A FRESHMAN EFFECT IN THE VOTING BEHAVIOR OF NEW JUSTICES IN THE HIGHEST COURT, THE AUTHORS EXAMINE THE BEHAVIOR OF ALL SUPREME COURT JUSTICES BETWEEN 1921 AND 1990. VOTING BLOCS ARE DETERMINED FROM THE JUSTICES' INTER-AGREEMENT SCORES, USING THE CRITERION DEVELOPED BY SPRAGUE. THE AUTHORS FIND NO EVIDENCE OF A FRESHMAN EFFECT DURING THE TIME FRAME UNDER STUDY.