Status characteristics and their intersectionality: majority opinion assignment in state supreme courts

Abstract

ABSTRACT We test whether justices’ traits – race, gender, age, previous judicial experience, education, and tenure – are associated with opinion assignment patterns as suggested by status characteristics theory. Female justices were more likely to be asked to write the majority opinion, particularly if the case raised a “women’s issue.” In complex cases, however, both female and African American justices were less likely to be selected to write the majority opinion. Extending intersectionality perspectives, advances in age were associated with a decreased likelihood in women and African American justices receiving the assignment, though at distinct age ranges.