A researcher at Harvard has concluded that black federal trial judges get overturned at a rate 10 percent higher than white federal trial judges. Now, I’m skeptical that this proves anything about anything, but what’s interesting is the way this National Public Radio story looks at the study. All kinds of explanations are considered, except for the most obvious one: If, in the name of “diversity,” less qualified African Americans are appointed to the bench, then they would be more likely to commit reversible errors.

NPR gives more credence to the possibility of “unconscious biases” or, in particular, that black judges might bring a particular viewpoint to their judging, and then that viewpoint gets squelched on appeal, defeating the whole purpose of “diversity.” So we’re back to the notion that your skin color and national origin not only can but should determine how a judge rules — back, that is, to wise Latinas and anti-Trump Mexican judges.