Supreme Court Rulings Often Exclude Viewpoints Of Black And Latina Justices – But Always Include The Perspective Of White Males
David Orentlicher, University of Nevada, Las Vegas
In recent decades, much progress has been made in diversifying the Supreme Court. While only white males served as justices for more than 175 years, the court now includes three female justices, one Black and one Latina justice.
Despite the increased diversity, however, the court’s voting rules often exclude minority viewpoints.
Like most other courts, the Supreme Court decides its cases by a majority vote. If at least five of the nine justices agree on a resolution, they are able to determine the court’s decision and impose their preferred outcome.
If other justices disagree, they cannot ensure that their views are taken into account by the majority. They can only write a dissenting opinion to express their disagreement with the major...