292 PART ThRee • InsTITuTIons of AmeRIcAn GoveRnmenT
filing an equal-pay lawsuit each time an employer issues a discriminatory paycheck. The
law was a direct answer to Ledbetter v. Goodyear, in which the Supreme Court held that
the statute of limitations begins at the date the pay was agreed upon, not at the date of
the most recent paycheck.^21 The new legislation made it much easier for employees to win
pay discrimination lawsuits.Public opinion. Public opinion plays a significant role in shaping government policy,
and certainly the judiciary is not excepted from this rule. For one thing, persons affected
by a Supreme Court decision that is contrary to their views may simply ignore it. Officially
sponsored prayers were banned in public schools in 1962, yet it was widely known that
the ban was (and still is) ignored in many southern and rural districts. What can the courts
do in this situation? Unless someone complains about the prayers and initiates a lawsuit,
the courts can do nothing.
Additionally, the courts themselves necessarily are influenced by public opinion to
some extent. After all, judges are not “islands” in our society. Their attitudes are influ-
enced by social trends, just as the attitudes and beliefs of all persons are.
Courts generally tend to avoid issuing decisions that they know will be noticeably
at odds with public opinion. In part, this is because the judiciary, as a branch of the gov-
ernment, prefers to avoid creating divisiveness among members of the public. Also, a
court—particularly the Supreme Court—may lose stature if it decides a case in a way that
markedly diverges from public opinion.Judicial Traditions and doctrines. Supreme Court justices (and other federal judges)
typically exercise self-restraint in fashioning their decisions. In part, this restraint stems
from their knowledge that the other two branches of government and the public can
exercise checks on the judiciary, as previously discussed. To a large degree, however, this
restraint is mandated by various judicially
established traditions and doctrines. For
example, in exercising its discretion to
hear appeals, the Supreme Court will
not hear a meritless appeal just so it can
rule on the issue. Also, when reviewing
a case, the Supreme Court frequently
narrows its focus to just one issue or one
aspect of an issue involved in the case.
The Court rarely makes broad, sweep-
ing decisions on issues. Furthermore,
the doctrine of stare decisis acts as a
restraint because it obligates the courts,
including the Supreme Court, to follow
established precedents when deciding
cases. Only rarely will courts overrule a
precedent.hypothetical and Political
Questions. Other judicial doctrines
and practices also act as restraints. As
already mentioned, the courts will hear
Bill waller Jr., chief justice of the Mississippi Supreme Court, makes
a campaign speech at the Neshoba County Fair. What are the consequences of
holding judicial elections? (Kevin Dietsch/UPI/Landov)- 550 U.S. 618 (2007).
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