Institutional Dynamics on the U.S. Court of Appeals: Minority Representation Under Panel Decision Making

This article assesses how the institutional context of decisionmaking on three-judge panels of the federal Court of Appealsaffects the impact that gender and race have on judicial decisions.Our central question is whether and how racial minority andwomen judges influence legal policy on issues thought to beof particular concern to women and minorities when serving onappellate panels which decide cases by majority rule. Properanalysis of this question requires investigating whether womenand minority judges influence the decisions of other panel members.We find that the norm of unanimity on panels grants women influenceover outcomes even when they are outnumbered on a panel.