Study Finds Gender Differences in Qualifications for Appointment to the Federal Bench

A new study by scholars at the University of Louisville, Yale University, and Oregon State University finds that women of color appointed to the federal judiciary typically have a greater depth of professional experiences and are more likely to have previously served as a judge than their White male counterparts.

Researchers examined the professional backgrounds of district and circuit court judges appointed to the bench from the Clinton through the Trump presidencies — a period in which 97 women of color were confirmed to the federal bench and in which 54 percent of individuals confirmed as federal judges were White men.

The study found that nonwhite women are generally nominated to the federal courts earlier in their careers than other appointees. They found that White men average 2.58 “types” of experience, usually including a stint in private practice, and typically practice law for about 25 years before they are nominated and confirmed to the bench, while women of color average about 2.98 types of professional experiences and 21.5 years of experience. Fifteen percent of White men had only one type of experience — a rate three times greater than that of women of color. At the same time, 9.7 percent of women of color had five or more varieties of professional experience — the highest percentage among the groups — compared with just 4 percent of White men, according to the study.

The study demonstrated that White men typically require experience in private practice and judicial clerkships to receive a nomination to the bench. The researchers found that 93 percent of White men had worked in private practice, compared with 79 percent for women of color. The study revealed evidence that judicial experience is often a prerequisite for nonwhite women to be nominated and confirmed to the federal bench.

“Our study uncovers clear evidence that women of color are being evaluated differently than their White colleagues for appointments to the federal bench,” said Allison Harris, an assistant professor of political science at Yale University and a co-author of the study. “For White men, the norm focuses on clerkships and experience in lucrative private practice. By contrast, the norm for nonwhite women appears to emphasize having longer resumes and prior experience as a state or local judge, meaning that they need to prove themselves by going beyond the baseline standard for White men.”

Dr. Harris explained that “we can’t fully explain why women of color appear to be getting fast-tracked to federal judgeships, but it could be caused by the leaky pipeline of nonwhite women opting out of the legal profession at various career stages due to the barriers they face. In order to maintain representation of nonwhite women on the federal bench, presidents need to find nominees with different kinds of experience than the norms for White men and might end up choosing appointees at earlier stages of their careers.”

The full study, “Better Too Much Than Not Enough”: The Nomination of Women of Color to the Federal Bench,” was published on the website of the Journal of Women, Politics & Policy. It may be accessed here.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related Articles

Latest News

Christine A. Hrycyna to Lead Academic Affairs at the University of California, San Diego

Dr. Hrycyna has served as dean of UC San Diego's School of Physical Sciences for the past three years. She is slated to become the university's next executive vice chancellor for academic affairs on January 1.

Jaclyn Albin Named President of the American College of Culinary Medicine

Dr. Albin is an associate professor of pediatrics and founding director of the University of Texas Southwestern Medical Center's culinary medicine program, an initiative that aims to empower people to have a thriving relationship with the food they eat.

Lisa Borzewski Promoted to Provost of St. Petersburg College’s Seminole Campus

Dr. Borzewski has served as the interim provost of the Seminole campus and Health Education Center of St. Petersburg College in Florida for the past year. An alumna of the college, she has worked for St. Petersburg since 1999.

C. Cybele Raver Will Be the Next President of the University of Michigan

Since 2021, Dr. Raver has been serving as provost and vice chancellor for academic affairs at Vanderbilt University in Nashville. She will begin her new duties at the University of Michigan on December 1.

Lisa Rhine Appointed President of Central Arizona College

Dr. Rhine comes to her new presidency with nearly four decades of leadership experience in higher education. Most recently, she was president and chief executive officer of Yavapai College in Prescott, Arizona.

Senior Research Associate, Development Innovation Lab

The University of Chicago’s Development Innovation Lab and the Kenneth C. Griffin Department of Economics invites applications for a non-tenure track Senior Research Associate position, with a focus on Development Economics and Mathematics.

Tenure-track Assistant Professor of Modern Chinese History

The Department of History at the University of Pennsylvania seeks a tenure-track Assistant Professor of Modern Chinese History to begin July 1, 2027. “Modern” is defined as 1895 to the present.

Assistant Professor of Political Science

The University of Chicago, Division of the Social Sciences, Department of Political Science invites applications for a tenure track position at the rank of assistant professor of American Politics for an initial 4 year renewable term.

Assistant Professor-Tenure System, Department of Economics

The Department of Economics at Michigan State University in East Lansing invites applications for a tenure-system Assistant Professor in microeconomic theory with an anticipated start date of August 16, 2027.

Professor in Plasma Physics

Princeton University is searching for a faculty member at the level of Assistant, Associate, or Full Professor in the Program in Plasma Physics of its Department of Astrophysical Sciences, to begin in fall 2027.