Uncertain Precedent Circuit Court Responses to Supreme Court Plurality Opinions

To what extent do lower court judges follow Supreme Court plurality opinions? By examining treatments of Supreme Court cases from the 1976-1986 terms by the Circuit Courts of Appeals from 1976 to 2005, this article addresses the consequences of the Supreme Court's failure to reach a clear majority decision. I find evidence that lower courts are less likely to follow plurality opinions than majority opinions. These findings have implications regarding the authority of the Supreme Court, compliance, and institutional legitimacy.