Reassessing the “freshman effect”: The voting bloc alignment of new justices on the United States Supreme Court, 1921–90

Abstract

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, freshman justices are thought to be less likely than their senior colleagues to vote with established ideological blocs on the Court. The empirical evidence for the freshman effect in voting on the Court is somewhat ambiguous, however. In order to test for a freshman effect in the voting behavior of new justices on the Supreme Court, we examined the behavior of all justices on the Court between 1921 and 1990. Voting blocs were determined from the justices' interagreement scores, using the widely employed criterion developed by Sprague (1968). We found no evidence of a freshman effect during the time frame under study. Freshman justices do not differ from their senior colleagues with respect to bloc voting. We conclude that the freshman effect hypothesis is erroneous, at least with respect to the supposed nonalignment behavior of neophyte justices.