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Last year we published a report that looked at the diversity of our courts. We found that though our courts make decisions that affect the lives of millions of Americans, they rarely look like the people they serve. Now, we have an update on our findings. brennancenter.org/our-work/analy…
Even though people of color make up 40% of the population, only 15.5% percent of state supreme court seats nationwide are held by Black, Asian, Latino, or Native American justices. This is up from 15% last year.
Black people are at least 10% of the population in Alabama, Arkansas, Florida, Michigan, Nevada, New Jersey, Pennsylvania, Tennessee, and Texas but these states don’t currently have a Black justice seated.
Women currently hold 37% of state supreme court seats, up from 36% last year. And 15 states only have one female justice, down from 17 in 2019.
23 states have all-white state supreme courts, including 12 states where people of color are at least 20% of the population
2019 saw some historic appointments, like Delaware appointing its first state supreme court justice of color, Tamika Montgomery-Reeves. She is also the second woman to be appointed to the court since at least 1960.
Oklahoma and Washington both appointed Native American justices to their state’s supreme court, Dustin P. Rowe in November 2019 and Raquel Montoya-Lewis in December 2019. There are now 3 Native American state supreme court justices serving across the country.
For all the steps forward, we found backsliding, too. Maryland has fewer people of color on the bench than it did last year, and Vermont has fewer women.
As @alicia_bannon and Laila Robbins wrote last year in @nytimes, “The public legitimacy of our entire judicial system is under threat if the judges making crucial decisions about the law don’t reflect the diversity of the communities affected.” nytimes.com/2019/07/23/opi…
We know that there are huge racial disparities in our justice system, where 1 in 3 Black men are incarcerated in their lifetimes in comparison to 1 in 17 white men. Without judicial diversity, communities lose faith in their courts.
Judicial diversity is also vital to improving the health of our court system –– diversity means diversity of thought, information, and perspectives. Without it, we’re maintaining a status quo that increases the racial gap in our criminal system. brennancenter.org/our-work/analy…
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