Essay Touches on Higher Reversal Rate for Black U.S. Judges

At a self-described daily digital magazine called OZY, Meghan Walsh writes an intriguing short piece about race and our courts that’s headlined, “The Justice Issue Lurking Behind the Bench.”

Drawing on Harvard Professor Maya Sen’s research about federal judges, Walsh writes, “The rulings of black judges are 10 percent more likely to be overturned than those of their white counterparts.”

Walsh seems cautious about jumping to conclusions: “Granted, this may, to some degree, be a statistical thing, and it’s not to say that appellate judges are bigots. It’s been well documented that this bench tends to be more conservative, while judges of color lean liberal, particularly on civil rights and discrimination matters. ‘It’s very hard to disentangle race and politics,’ Sen says. It’s also up to litigants to appeal, so it could be that lawyers are more eager to contest a ruling handed down by a minority justice, which further complicates things.”