Theme Panel: Courts in Crisis: Perceptions of Legitimacy in an Era of Distrust

July 22, 2025 APSA Annual Meeting, Theme Panels Comments Off on Theme Panel: Courts in Crisis: Perceptions of Legitimacy in an Era of Distrust

Co-sponsored by Division 26: Law and Courts

In-Person Full Paper Panel

Participants:

  • (Chair) Rebecca D. Gill, University of Nevada, Las Vegas
  • (Discussant) Matthew D. Montgomery, Texas Christian University

Session Description:

As democratic institutions around the world face growing public distrust, courts remain both a crucial arbiter of the rule of law and a contested site of political struggle. In an era of increasing polarization, misinformation, and institutional upheaval, how do citizens perceive judicial legitimacy? How do political elites attempt to reshape or capture the judiciary to serve partisan ends? And what role do courts play in either stabilizing or exacerbating democratic backsliding? This panel brings together five papers that explore these urgent questions through empirical studies of judicial independence, descriptive representation, media influence, judicial rhetoric, and partisan polarization.

One paper examines Mexico’s sweeping judicial reforms, in which the country’s judges are now elected, potentially consolidating power rather than fostering true judicial independence. Another paper analyzes how the diversity of state supreme courts influences public perceptions of legitimacy, particularly through intersectional leadership. A third study leverages digital trace data to assess how individuals consume court-related news and how media exposure shapes public trust in the judiciary. A fourth project explores the influence of Supreme Court justices’ own public rhetoric on institutional support, testing whether justices can bolster—or erode—confidence in the Court. Finally, a fifth paper investigates the intersection of partisan identity, affective polarization, and judicial decision-making, revealing how negative partisanship influences reactions to legal rulings.

Together, these papers engage with the 2025 conference theme—Reimagining Politics, Power, and Peoplehood in Crisis Times—by illustrating how judicial institutions are not only shaped by political and social divisions but also actively contribute to them. As courts navigate these turbulent times, understanding public trust, legitimacy, and institutional resilience remains more important than ever. This panel offers a critical examination of how law and courts function in an era of democratic crisis and what this means for the future of governance and justice.