• About
    • History
    • Awards
    • Membership
    • Donate
    • News
  • Masthead
  • Volumes
  • Submissions
  • BriefServ
  • Blog
  • Contact

Search Site

Article

Red Courts, Blue Courts

Mark A. Lemley, 93 Miss. L. J. 143 (2023).

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 and it is accelerating. It is likely to corrode both the rule of law and the public’s perception of it. In this Essay I documented the phenomenon, explain why it is dangerous, and offer some thoughts on how to fix it.

  Download PDF
Mississippi Law Journal
Copyright © 2025
· Mississippi Law Journal
| Contact
Subscribe to the Mississippi Law Journal