Diversifying the Courts: Race, Gender, and Judicial Legitimacy

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.

About the Author :
Nancy Scherer is Associate Professor of Political Science at Wellesley College. She is the author of Scoring Points: Politicians, Political Activists, and the Lower Federal Court Appointment Process.

Review :
"Diversifying the Courts systematically examines the link between racial and gender diversity and the legitimacy of the federal judiciary. Nancy Scherer shows us that increased diversity does not automatically yield greater legitimacy toward the federal bench among all members of the public, resulting in a backlash against the courts." - Eric Waltenburg, author of Choosing Where to Fight: Organized Labor and the Modern Regulatory State, 1948-1987 "This book shows us why efforts to diversify the federal bench over the past four decades have done little to increase the legitimacy of the courts. Scherer compellingly explores this diversity dilemma, offering important insights about the future of our courts." - Michael Zilis, author of The Rights Paradox: How Group Attitudes Shape US Supreme Court Legitimacy "[Scherer] shares takeaways from conversations with sitting district court justices and the empirical results of surveys on support for the courts and specific judges' decisions given varying conditions of diversity." (Trial) "Scherer addresses why U.S. presidents choose—or don't choose—to diversify the federal courts by race, ethnicity, and gender and tracks the controversial history and politics of court diversification. Drawing on polls, political experiments, surveys, and interviews, she examines the complicated relationship between diversity and court legitimacy." (Law and Social Inquiry) "In this intellectually engaging and empirically rich book that would be perfect for undergraduate and graduate courses, Scherer analyzes qualitative and quantitative data to better understand judicial appointments and the complicated relationship between judicial diversity and court legitimacy." (Political Science Quarterly)