Deciding to Decide: Agenda Setting in the United States Supreme Court

by H.W. Perry Jr.

Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks.

The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers―as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Genres: Law, Nonfiction

316 pages, Paperback

First published January 1, 1992

Reviews

[Danielle Bodunrin · Rating 4 out of 5]

I mean, I had to read this book for class so I really went in with no expectation for me to like it... but then it became my pleasure reading?? I’m not well read in this area, so there is no doubt that I didn’t understand all that there was to understand but a few of my thoughts:

This book made me think about clerking for the first time, and I believe also made me think about clerking for the last time. It is just wild to me the kind of authority clerks have simply by being the bridge between justices and cases. An authority I don’t think I’d like to wield.

Our judicial system is a mystery, and it is fascinating that there are many pieces that can be investigated yet at a whole nothing will be conclusive. Is that comforting... I don’t think so?

I felt like I could hear my professor reading the book to me, which was cool to see that his personality and character translates in this way. It was overall written in such a digestible way that it was so enjoyable to learn and follow through the interviews of the clerks and justices and the research along the way.

[Catie Choi · Rating 4 out of 5]

Idk what it says about my mental state that the first book I’ve finished this year is one that is required for my Con Law class 2 weeks before exams

[Bethany · Rating 4 out of 5]

This is a political science study of how the Supreme Court selects its cases. It's written in a very dry text-book style but for those interested in the Court, it's pretty engaging I think. The author interviewed a couple of hundred clerks and several members of the Burger Court. He keeps them anonymous, but it's still really illuminating.

[Jwmccabe1 · Rating 3 out of 5]

If you're looking for an in depth review of how the Supreme Court operates during the screening of cert. petitions - then this book is phenomenal.

[John Chandler · Rating 4 out of 5]

Provided a small glimpse into the obscure inner workings of the U.S. Supreme Court.