Scholars have made important advances in explaining policy drift, uncovering the prevalence of drift in veto-riddled systems, the importance of bureaucratic discretion and statutory ambiguity in combatting drift, and its feedback effects. Despite research demonstrating the potential for judicial action to alleviate drift, we know little about the potential for the Supreme Court to facilitate policy drift. I argue that the Supreme Court may operate as a powerful agent of drift by stripping statutes of ambiguity, foreclosing policy innovation in institutions outside of Congress, and curtailing bureaucratic discretion and authority. To demonstrate these mechanisms, I show how in the case of federal labor law, the Court’s jurisprudence addressing the right to strike, federal preemption, and National Labor Relations Board authority played a central role in gradually undoing the efficacy of The National Labor Relations Act. This inquiry has important implications for understanding public policy, judicial power, the development of American labor law, and American democracy.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.