Although people of color make up roughly one-third of the nation’s population, 25 states currently have all-white Supreme Court benches. The processes by which judges and justices are selected for the bench correlate with more or less diversity on the courts: Merit selection corresponds with the greatest racial diversity on state courts.
There are a number of factors that could be examined to illuminate this situation, but we have specifically focused on the correlation of the process of judicial selection with the number of racially diverse judges and justices on the courts. Our findings strongly suggest that appointive systems result in greater diversity on appellate benches.
SYSTEM FAILURES
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