Diversifying the Courts: Race, Gender, and Judicial Legitimacy

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Examines the decisions of US presidents to appoint judges from diverse backgrounds to federal courts

In
Diversifying the Courts, Nancy Scherer addresses why presidents choose―or don’t choose―to diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial history―and politics―of court diversification.

Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately,
Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.

Author(s): Nancy Scherer
Publisher: NYU Press
Year: 2023

Language: English
Pages: 237
City: New York

Cover
Title Page
Copyright
Dedication
Contents
Preface: The Sonia Sotomayor Nomination
Introduction: Why Do U.S. Presidents Pursue (or Not Pursue) the Goal of Diversity to Choose Federal Judges?
1. A Brief History of Diversity on the Federal Bench
2. Why Democrats Support Diversifying the Courts
3. Why Republicans Oppose Diversifying the Courts
4. Sitting Judges Discuss Diversity
5. Diversity, Party Identification, and Political Legitimacy
6. Legitimacy and Gender Diversity on the Bench
7. Legitimacy and Racial Diversity on the Bench
8. Legitimacy and Descriptive/Substantive Representation
9. Legitimacy and Party Identification
Conclusion: The Legitimacy of the U.S. Courts Is under Attack
Acknowledgments
Appendix A: Methods
Appendix B: Mock Newspaper Articles
Appendix C: Full Regression Models
Notes
References
Index
About the Author