This Article concludes that political dialogue engendered by controversial minority judicial nominations, like those of Miguel Estrada and Janice Rogers Brown, could be an avenue to educating the polity as to why it is important to achieve greater minority representation on the bench. The pluralistic process-based model of judging advocates that a critical mass of diverse judges be achieved, not that the minority judges be liberal rather than conservative, communitarian rather than individualist, or Democrat rather than Republican. The goal is that there be a critical mass of minority judges on benches that make decisions as a group, like circuit courts and supreme courts. This ideal is one towards which pluralist polities must strive.
Sylvia R. Lazos Vargas,
Does a Diverse Judiciary Attain a Rule of Law That is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity on the Bench,
Mich. J. Race & L.
Available at: https://repository.law.umich.edu/mjrl/vol10/iss1/4