Diversity Judgments: Democratizing Judicial Legitimacy

The US Supreme Court's legitimacy is being questioned due to its antiquated and out-of-sync decision-making process, which marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process to be more inclusive of the values and life experiences of Americans who are not straight white males.

Format: Paperback / softback
Length: 400 pages
Publication date: 17 March 2022
Publisher: Cambridge University Press

The United States Supreme Court faces unprecedented scrutiny regarding its legitimacy, with concerns emerging about its diminishing integrity and its contribution to the well-being of society. These critiques come from a diverse range of perspectives, including insiders (primarily straight white males) and outsiders (mainly individuals from marginalized communities, including people of color, women, and the LGBTQ community). While both groups offer valuable insights, their approaches fail to delve deeply enough into the core issue of the Court's legitimacy problem, which lies in its outdated and out-of-sync decision-making process.

The Court's process of decision-making was established during a time when America was vastly different from the society we know today. The eighteenth century was a period of immense social, political, and economic change, and the legal system that prevailed at that time was not equipped to address the complex challenges of the modern world. As a result, the Court's process of decision-making has become antiquated and disconnected from the realities and values of contemporary American society.

One of the most significant consequences of this outdated process is that it marginalizes many Americans who have a rightful claim to feel disenfranchised. Straight white males, who have historically held dominant positions in society, have benefited from the Court's decision-making process, while marginalized communities have often been left behind. This lack of inclusivity and representation undermines the Court's ability to uphold the principles of justice and equality for all Americans.

To address these challenges, leading scholar of jurisprudence Roy L. Brooks has proposed a series of recommendations for modernizing and democratizing the Court's deliberative process. Brooks argues that the Court should adopt a more inclusive approach that recognizes the diverse values and life experiences of Americans who are not straight white males. This includes promoting greater diversity on the Court, encouraging open and transparent deliberation, and engaging with a broader range of stakeholders and experts.

By modernizing and democratizing its deliberative process, the Supreme Court can regain its legitimacy and ensure that it continues to serve as a vital institution for protecting the rights and freedoms of all Americans. It is essential that the Court takes these steps to address the concerns of critics and marginalized communities and to uphold the principles of justice and equality that are at the heart of our democratic society.

Weight: 896g
Dimension: 153 x 227 x 40 (mm)
ISBN-13: 9781108440066
Edition number: New ed