Red Courts, Blue Courts by Mark A. Lemley :: SSRN

Yes, but...the southern Democrat judges pre-1964 were quite firmly defenders of segregation. 

So were the Republican federal judges. Despite being in the party of Lincoln, most were deeply compromised.  But there were exceptions: John Minor Wisdom and Frank Johnson.

Red Courts, Blue Courts by Mark A. Lemley :: SSRN

Abstract

The federal judiciary is increasingly fragmented into red courts and blue courts. Democratic presidents overwhelmingly appoint judges in blue states, while Republicans mostly appoint judges in red states.

This is a recent phenomenon; it was much less true even a decade ago.
It is accelerating. And it is likely to corrode both the rule of law and the public’s perception of it. In this Essay I document the phenomenon, explain why it is dangerous, and offer some thoughts on how to fix it.

Suggested Citation:

Lemley, Mark A., Red Courts, Blue Courts (November 2, 2022). Available at SSRN: https://ssrn.com/abstract=4266445