Bush's Black Judge Appointees

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Volokh had a nice discussion last week about the race of Bush's judge appointees. I was going to post it before the election, but somehow it got buried in my list that I was unable to read carefully through in the last days of being alternately completely exhausted or completely absorbed in grading, in both cases leading to not much blogging.

The interesting result of what Volokh says is that a higher percentage of Bush judge appointees are black than the percentage of lawyers who are black. His appointment rate is higher than the proportional level of the entire available pool of black lawyers. Given that he has a smaller selection pool to pick from if he wants conservative judges, that means he's had to go much further out of his way to find them than Clinton did to get his much higher percentage of black appointees. The NAACP is mad at Bush because his judge appointments are not proportional to the percentage of blacks in society as a whole. This is why the quota version of affirmative action was rendered unconstitutional in 1978 (not that the spirit of quotas is completely gone, but it's technically illegal now to reserve a certain number of spots for people of a certain racial classification). The NAACP thinking here is exactly along quota lines, as absurd as the consequence turns out to be.

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