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24 appendix a
1 party of the appointing president for all justices. I also coded the justices
2 in conventional ideological terms, with Samuel Alito, Anthony Kennedy,
3 Sandra Day O’Connor, William Rehnquist, John Roberts, Antonin
4 Scalia, Clarence Thomas, and Byron White coded conservative, and
5 Harry Blackmun, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan,
6 Sonia Sotomayor, David Souter, and John Paul Stevens coded liberal.
7 For the state high court decisions, I coded all votes cast by justices who
8 were either elected in a partisan election or appointed by a Democratic or
9 Republican governor. I excluded votes cast by justices who were elected
10 via nonpartisan election or appointed by an independent or third- party
11 governor. All state high court decisions cited in part 1 included at least
12 one judicial vote that was coded. Some states rely primarily on nonparti-
13 san elections to staff their high courts, but they each have provisions for
14 gubernatorial appointments under certain circumstances, and for all cited
15 decisions that issued from such states, at least one of the participating
16 justices had joined the court via such a partisan mechanism.
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