Katz, Daniel Martin and Bommarito, Michael James and Blackman, Josh, A General Approach for Predicting the Behavior of the Supreme Court of the United States (December 10, 2016). Available for download at SSRN: https://ssrn.com/abstract=2463244 or http://dx.doi.org/10.2139/ssrn.2463244
“Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. Our model leverages the random forest method together with unique feature engineering to predict nearly two centuries of historical decisions (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve 70.2% accuracy at the case outcome level and 71.9% at the justice vote level. More recently, over the past century, we outperform an in-sample optimized null model by nearly 5 %. Our performance is consistent with, and improves on the general level of prediction demonstrated by prior work; however, our model is distinctive because it can be applied out-of-sample to the entire past and future of the Court, not a single term. Our results represent an advance for the science of quantitative legal prediction and portend a range of other potential applications.”