“We are a part of the problem they protest”: judges, representation and racial justice statements

In the wake of George Floyd's murder in May 2020, some state supreme courts decided to issue public comments to address disparities in racial justice, while others did not. We explain the decision to issue these voluntary statements as a strategic choice by state supreme court justices motivated by their retention audience and state demography. We demonstrate that state supreme courts appear responsive to their state audience when deciding to issue statements, specifically based on the number of racial justice protests by state residents and the liberalism of their state. Furthermore, state judicial retention systems and race identity in the public and on the state supreme court appear to influence word choice and sentiment in the racial justice statements issued. This extends understanding of motivations behind judges' decisions and behavior in extra-judicial settings beyond the courtroom.