Judicial Independence: Evidence from a Natural Experiment

In this article, we directly test the presence of judicial independence by examining judicial recess appointees who have later been confirmed by the Senate to full-time Article III judicial positions. Specifically, we compare the votes of recess-appointed courts of appeals judges during their temporary appointment tenure with a similar period following Senate confirmation. We find substantial differences in pre- and postconfirmation voting, suggesting that the structural protections of the Constitution provide judges a certain amount of independence.