Ryan J Owens, An Alternative Perspective on Supreme Court Agenda Setting in a System of Shared Powers, 32 Just. Sys. J. 183 (2011).
Abstract
This study builds on existing empirical separation-of-powers work to determine whether legislative and executive preferences constrain the Supreme Court's agenda. Its contribution comes in the form of a different modeling perspective namely, whether judicial improvements over the status quo might avoid legislative overrides. The location of the status quo visa- vis key pivots does not appear to factor in to the Court's agenda calculations. Regardless of whether the Court was improving the status quo policy or making it worse for Congress and the president, the Court does not appear to consider legislative overrides.
