Why do American judges wear black robes instead of the traditional colorful English attire?
In short: The iconic black judicial robe is a relatively modern American invention. While English judges historically donned vibrant, school-affiliated colors, the shift toward a uniform, somber aesthetic was driven by a single Supreme Court Chief Justice. This change transformed the courtroom from a display of personal pedigree into a symbol of impartiality.
The tradition of judicial robes in the United States traces its origins to England, where judges historically wore colorful garments. In the early days of the American Supreme Court, justices followed this custom, wearing robes that identified the specific universities from which they had graduated. This practice mirrored the long-standing history of academic robes, which served as markers of institutional affiliation and scholarly status.
The transition to the standard black robe is widely attributed to Chief Justice John Marshall. Upon his investiture in 1801, Marshall opted for a simple black garment rather than the colorful attire of his predecessors. His choice proved influential, as other justices soon followed his lead, eventually establishing the black robe as the standard for the federal judiciary. While the American founders notably rejected the powdered wigs favored by their English counterparts, they retained the robe as a symbol of judicial authority.
Beyond the historical shift, the black robe carries a modern symbolic weight. It is often interpreted as a visual representation of the principle that justice is blind. By wearing a uniform color, judges signal that they are united in speaking for the law rather than as individuals with personal agendas. This uniformity suggests that all judges approach the law from a shared, impartial perspective, stripping away the markers of their private backgrounds.
Despite the ubiquity of the black robe today, it is not mandated by formal rules. There are no official regulations dictating what a judge must wear on the bench, and there is no singular source for the robes themselves. In fact, the adoption of robes was a gradual process across different jurisdictions; for instance, the Rhode Island Supreme Court did not adopt them until 1900, and the state's District Courts did not follow suit until 1960.
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Sources
- Summary by Intellect · source: Why do Judges Wear Robes?
- Also: Why Do Judges Wear Black Robes? Questions For Amy Coney Barrett : Live: Amy Coney Barrett's Supreme Court Confirmation : NPR
- Also: A Mini-History of Court Robes | RWU Law
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