The perm reduces the Court’s fear of retaliation.
Catalano 22 Michael Catalano is a PhD Candidate in Political Science at Binghamton University. (“Implications of Court Curbing in the US States,” 2022, https://preprints.apsanet.org/engage/api-gateway/apsa/assets/orp/resource/item/634730794165cf5522a3f6d1/original/implications-of-court-curbing-in-the-us-states.pdf)//AN
First, members of the judiciary consider the actions of other political actors when the judiciary makes decisions. Members of the judiciary act strategically based on beliefs and observations of actions by the legislature and/or public (Vanberg 2001, Vanberg 2005, Whittington 2003). When the judiciary believes it has low levels of approval from the public and the judiciary sees the legislature attempting to court curbing, the judiciary is less willing to challenge the actions of the legislature.1 In such a circumstance, the judiciary fears future retaliation that has a greater likelihood of being enacted.