Perceptions of Judicial Representation: How Race and Gender Condition Beliefs

• In Event: Race, Gender, and the Judiciary

Abstract

Recent public debates over the selection of Supreme Court justices and the ways in which justices’ ideologies and experiences shape their decision making suggest that members of the news media and the public increasingly perceive of the judiciary as non-neutral and political. As observers come to see the judiciary as less neutral and more political, we argue that the boundaries between the judiciary and the representative branches become increasingly blurred. However, we argue that some people are more likely to accept the idea of judicial representation: those who value descriptive and substantive approaches to representation over formal approaches to representation (Pitkin 1967). Moreover, we theorize that women and non- white respondents (i.e., those for whom the legal system was not originally designed) will also be more likely to view judges as serving representative roles. Using survey data, we test how people perceive representation, judicial representation, and the role of descriptive representation on the courts. This project contributes to our understanding of the relationship between citizens and the courts and the role of gender and racial diversity on perceptions of judicial legitimacy.

Authors

• Matthew J. Moore, California Polytechnic State University, San Luis Obispo

• Nancy Bays Arrington, California Polytechnic State University