Is the Median Justice Running the Supreme Court?

In debates about the Supreme Court, we tend to focus on the justice who writes the opinion. But what if that’s not where the real power lies?

In this episode, we speak to Jonathan P. Kastellec, Professor at Princeton University, about his new paper that challenges how we think about decision-making on the Court. Instead of opinion authors driving the law, Kastellec argues that power often rests with the median justice within the majority coalition—the key vote needed to hold five justices together. So how does bargaining actually work behind the scenes? Why do some precedents erode gradually while others collapse all at once? And what does this tell us about major decisions—from long-standing rulings to sudden reversals?

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