See this article from the ABA Journal, the official journal of the American Bar Association, reporting bias in judges' rulings depending on their race and gender. The impact of a judge being African-American in race discrimination cases was greatest among four racial groups, and female judges find for the female plaintiff much more often in sexual harassment cases.
It would appear that SCOTUS Justice Sonia Sotomayor wasn't kidding when earlier in her life she talked about the influence of "a wise Latina." It appears maybe she should have said "the bias of a wise Latina." I wonder if, based on these findings, defendants in discrimination or harassment cases can ask for a change of venue if facing a judge who is likely to find against them based on race or gender? Probably not.
I guess the real question is whether the African-American or female judge is finding too many guilty, or whether the other-than-African-American or male judge is finding too few? I am sure the civil rights community will argue it is the latter.
When I did a hitch in Washington, D.C. some years ago I learned an adage that goes something like "where you sit determines where you stand." In other words, your station in life or in work influences the stand you take on issues - bosses see things differently than subordinates, parents differently than children, priests differently than saloon keepers, etc. This research demonstrates that we can add to the list of folks with different views: blacks differently than whites, men differently than women.
I am not surprised; but considering they were judges, I am disappointed.
