Means, Taneisha N.; Eslich, Andrew; Prado, Kaitlin --- "Judicial diversity in the United States federal judiciary" [2019] ELECD 2335; in Sterett, M. Susan; Walker, D. Lee (eds), "Research Handbook on Law and Courts" (Edward Elgar Publishing, 2019) 231

Book Title: Research Handbook on Law and Courts

Editor(s): Sterett, M. Susan; Walker, D. Lee

Publisher: Edward Elgar Publishing

Section: Chapter 16

Section Title: Judicial diversity in the United States federal judiciary

Author(s): Means, Taneisha N.; Eslich, Andrew; Prado, Kaitlin

Number of pages: 15

Abstract/Description:

This chapter examines the importance of diversity and representation in the judicial branch in terms of both race and gender. This piece operates on the belief that judicial institutions aspire to be representative bodies and thus who sits on the bench largely influences policymaking and social change. By focusing on the intersection of race and gender, this chapter seeks to better understand intragroup difference and the position of these groups, particularly for women of color. The authors make the case that judicial biographies and opinions are key documents in understanding judicial behavior as one’s life experience shapes their worldview and their decisions. In taking seriously the relevance of such documents, this chapter undertakes a close reading of the written opinions in the US Supreme Court case Utah v. Strieff (2016). Through a close reading, the authors note the differences between US Supreme Court Justices Sonia Sotomayor and Clarence Thomas to gain more insight on how both race and gender shape their thinking. In understanding and unmasking these differences, the chapter emphasizes the importance of comprehending the position of judges based on their identity, specifically race and gender, in order to understand the impact that identity has within the judicial branch.