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Promotion, Social Identity, and Decision Making in the United States Courts of Appeals

Presidents regularly fill judicial vacancies through promotion. However, the effect of promotion on judicial behavior has been largely unexplored. I theorize that promotion affects judicial behavior through psychological motives associated with social identity. I test this expectation by examining the decisions of promoted court of appeals judges. Promoted judges are less likely to vote to reverse, but this effect fades as appellate court experience increases. The effect is stronger when promoted judges review former colleagues. I argue that social identity theory best explains these patterns and discuss the importance of promotion and social identity for the study of judicial behavior.