When justices make decisions that minimize personal, institutional, or political backlash, this is known as… A. Blame avoidance
B. Liability evasion
C. Burden Shifting
D. Fault deflection
The correct answer and explanation is:
Correct Answer: A. Blame avoidance
Explanation:
Blame avoidance refers to strategies employed by political actors—including judges, legislators, or executive officials—to avoid being held responsible for controversial or unpopular decisions. In the context of the judiciary, particularly when referring to justices on high courts like the U.S. Supreme Court, this concept plays a role in how rulings are made, especially on politically sensitive issues.
Judges, despite their commitment to the law and legal reasoning, are not entirely immune from external pressures. They operate within a broader political and social environment. When justices anticipate that a decision could trigger public outrage, legislative retaliation, or damage to the court’s institutional legitimacy, they may rule in ways that soften the blow or delay confrontation, even if it means crafting narrower opinions or avoiding broad rulings.
A famous example is the Supreme Court’s ruling in Brown v. Board of Education (1954) and its follow-up in Brown II (1955). While the Court unanimously ruled that racial segregation in public schools was unconstitutional, in the second decision, they chose vague enforcement language (“with all deliberate speed”) to minimize political backlash, particularly from Southern states.
Blame avoidance can also be seen when:
- Courts defer controversial issues back to legislatures.
- Justices write opinions that leave room for future reinterpretation.
- Decisions are made on procedural rather than substantive grounds to avoid public scrutiny.
The other options:
- B. Liability evasion is more relevant to civil or criminal law contexts.
- C. Burden shifting is a legal concept used in courtroom procedure, not decision-making strategy.
- D. Fault deflection is not a recognized judicial or political science term in this context.
Thus, A. Blame avoidance is the most accurate and contextually appropriate answer.