Institute of Governmental Studies

This essay explores the nature of active opposition to judicial decisions—“anti-judicial backlash.” Are there patterns to backlash? Who are the actors? How is backlash expressed? What are the consequences of backlash? On what grounds do individuals or institutions oppose judicial decisions? Viewing the courts as one of a range of actors involved in the development and implementation of social reform, I question whether the use of the courts to promote social change is always the optimal choice—even when the courts support the arguments of change agents. I develop a set of typologies to analyze opposition to Roe v. Wade and the School Prayer Cases in order to explore the nature and consequences of anti-judicial backlash. Using these typologies I analyze whether similar patterns of backlash are emerging in response to Goodridge v. Department of Public Health. I find that anti-judicial backlash can significantly hinder the impact of court decisions and can create unanticipated obstacles and set-backs for the movement as a whole.