Racial Diversity and Judicial Influence on Appellate Courts

Abstract

This paper evaluates the substantive consequences of judicial diversity on the U.S. Courts of Appeals. Because of the small percentage of racial minorities on the federal bench, the key question in evaluating these consequences is not whether minority judges simply vote differently from non-minority judges, but whether their presence on appellate courts influences their colleagues and also affects case outcomes. Using matching methods, I show that black judges are significantly more likely than white judges to support affirmative action programs. In fact, the random assignment of a black counter-judge - a black judge sitting with two white judges - to a three-judge panel of the Courts of Appeals nearly ensures that the panel will vote in favor of an affirmative action program. Thus, the substantive consequences of racial diversity on the Courts of Appeals are quite large.