It's always difficult to speculate about what produced electoral results. There is some evidence from exit polls, though, where voters report what motivated their choice. In the 2002 election, as I recall, the voting was heavily motivated by policy on terrorism and national security. Often, the economy shows up in these polls. When they've asked about Supreme Court appointments, they generally come in as a very low factor. I doubt judicial appointments drive campaign results
When Republicans campaigned on the court appointments, I suspect that this was a play to strengthen their position with their conservative base, rather than to gain swing votes necessary to win. But the great thing about elections is, they continue to happen. If John Eastman is correct, the Dems are just handing Bush and the Republicans a strong issue for the 2004 campaign. Frank Cross Herbert D. Kelleher Centennial Professor of Business Law CBA 5.202 University of Texas at Austin Austin, TX 78712
