Is Justice (Color)Blind? The Language of the Law, Racial Bias, and the Impact of Judicial Selection

Recent research demonstrates systematic racial biases in U.S. judicial opinions, with limited insight on contextual factors mitigating or exacerbating bias. We investigate the impact of judicial selection and retention methods on the severity of racial bias in opinions. Using over 400,000 opinions from state courts of last resort and exploiting between-state differences and within-state change in selection systems, we find evidence that racial bias permeates judicial opinions and that some selection systems may be associated with increases in the expression of bias. The study provides valuable insights into how the design of judicial institutions relates to the entrenchment of racial bias.