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Diversifying the Courts: Race, Gender, and Judicial Legitimacy, Nancy Scherer

Reviewed by Taneisha Nicole Means
 

Court legitimacy is an issue partly because of persisting unequal representation of minorities on the courts and some attacks against the judiciary by political officials (i.e., Donald Trump). These realities raise questions about factors influencing court legitimacy, which Nancy Scherer addresses in Diversifying the Courts: Race, Gender, and Judicial Legitimacy. In this intellectually engaging and empirically rich book that would be perfect for undergraduate and graduate courses, Scherer analyzes qualitative and quantitative data to better understand judicial appointments and the complicated relationship between judicial diversity and court legitimacy. She specifically addresses whether judicial diversity can “deliver the benefits that its proponents promise,” or “[m]ight it be harmful, as its opponents warn”? Scherer argues judicial diversity is complicated because of the Diversity Dilemma—increased diversity might not be universally preferred.

In chapter one, “A Brief History of Diversity on the Federal Bench,” Scherer presents an overview of racial and gender representation on the bench. She discusses the many token appointments (i.e., the first minorities appointed) made by presidents before the 1970s and the recent history of federal judicial appointments and diversification efforts.

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