In this article, the author explores how state-level policy congruence with public opinion is influenced by federal and state court decisions on constitutional floors. Analyzing abortion restrictions from 1973-2012 highlights how courts shape representation in states.

Federal court decisions establish constitutional minimums ('federal floors') for policy, while state courts can raise these standards. This analysis shows that changes to allowable abortion restrictions significantly alter whether states implement majority-preferred policies.

Data & Methods

• US public opinion data (1973-2012)

• Abortion restriction records across all 50 states during this period

• Examination of state-level policy congruence patterns

Key Findings

• Court decisions directly impact the level of representation available in states

• Ignoring judicial influence understates how restrictive constitutional floors limit policy space

Why It Matters

This research demonstrates why courts deserve greater attention in studies of US political representation. By identifying their role in setting constitutional constraints, it shows that existing measures often underestimate restrictions on state-level democratic responsiveness.