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Diversity, Tenure, and Dissent

Although academics have long recognized that institutions such as opinion assignment procedures and voting order might influence the propensity to dissent, empirical studies have failed to recognize the importance of collegiality and personal relationships on dissent rates. Thus, in this short essay, I empirically test whether some of the judges’ assertions are consistent with the empirical data. I test whether various measures of diversity are associated with dissent rates in state supreme courts. I find that diversity in many areas - gender, race, age, religion, home state, and political affiliation - is associated with higher levels of dissent. In contrast, diversity in the jobs the judges had before taking the bench is associated with lower dissent rates.