Women Judges Are Cited Less Often Than Their Male Peers

Researchers from the University of North Carolina at Charlotte, the University of Louisville, the University of Georgia, and Brigham Young University in Utah analyzed how the race and gender of federal judges might be impacting judicial processes. Specifically, they wanted to see which types of judges get the most attention from their peers when they have complete discretion to reference another judge’s work.

After analyzing out-of-circuit citations to a sample of more than 2,000 published federal appellate decisions from 2009 to 2016, the researchers found that majority opinions written by female judges receive significantly fewer subsequent citations from other courts than those by men.

Over the five-year period studied, female judges received 1.4 external citations to their opinions compared to 1.63 citations to opinions written by equivalent male judges. While that difference may initially seem small, it really hits home when accumulated over a career. An average judge produces 53.5 opinions a year, so in 10 years of full-time service, male judges would have 120 more citations than female judges. This cumulative difference is particularly problematic because citation of legal precedent is foundational to the U.S. common law legal tradition.

“We wondered why decisions by some judges are better able to catch the attention of their peers and are afforded more influence in the development of law,” said study co-author Robert Christensen, a professor in the Marriott School’s Romney Institute of Public Service and Ethics at Brigham Young University. “Our results indicate a clear bias against citing majority opinions authored by women.”

Professor Christensen added that “even among judges who are trained in equity and due process, we are not yet past the point where we can say we live in a bias-free world. Subconscious biases are still very much at work, and when that is shaping the common law of the country, we think that deserves both scholarly and practical attention.”

The full study, “Who Shapes the Law? Gender and Racial Bias in Judicial Citations,” was published on the website of the American Political Science Review. 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

Deborah Jones Named President of the MGH Institute of Health Professions

“I am inspired by the [MGH Institute for Health Professions'] mission to educate health professionals and researchers who will drive innovation in the delivery of equitable and interprofessional care,” said Dr. Jones. “This mission aligns deeply with my own purpose, which is to bring together people, ideas, and systems for the greater good, because the greater good is stronger than any individual part.”

Alison Carr-Chellman Appointed Provost of Pace University

“Pace has a unique mission rooted in access, excellence, and opportunity, and that resonates deeply with me,” said Dr. Carr-Chellman. “I’m excited to bring my experience in academic innovation, collaborative leadership, and student-centered learning to a community so clearly dedicated to helping students excel and create lives they are proud of.”

Virginia Tech’s Emily Sarver to Lead the Society of Mining Professors

The Society of Mining Professors is an international organization dedicated to advancing the future of mining, minerals, and energy disciplines. Emily Sarver, the Stonie Barker Professor of Mining and Minerals Engineering at Virginia Tech, will serve as the society's next president.

Jennifer Glowienka Named the First Woman President of Carroll College in Montana

“I have dedicated my professional career to this remarkable institution, which prepares ethical leaders who engage the world with purpose and hope,” said Dr. Glowienka. “I look forward to strengthening and expanding the ways Carroll fulfills its mission, serving learners across all stages of their educational journey.”

Susan Stuebner Elevated to President of Simpson College in Iowa

Dr. Stuebner has led Simpson College on an interim basis since July 28. She has nearly 30 years of professional experience, including service as president of Colby-Sawyer College in New Hampshire.

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 Education.

Assistant Professor Tenure Track Position — Children’s Hospital of Philadelphia Cardiovascular Institute

Children's Hospital of Philadelphia and the Perelman School of Medicine at the University of Pennsylvania seek candidates for an Assistant Professor position in the tenure track.

Assistant Professor of Political Science, Quantitative Methods

The Department of Political Science at the University of Chicago invites applications for an Assistant Professor in Quantitative Methods. This position will begin on or after July 1, 2026.

Tenure Track Position in Macro-Organizational Behavior and Organizational Theory

The University of Pittsburgh School of Business seeks to fill a full-time, tenure-track assistant or associate professor position in the Organizations and Entrepreneurship Area, starting as early as Fall 2026. 

Ruth J. Simmons Center for the Study of Slavery & Justice and John Carter Brown Library Joint Postdoctoral Research Associate

The Ruth J. Simmons Center for the Study of Slavery and Justice at Brown University and the John Carter Brown Library invite applications for a postdoctoral research associate position focused on any area/theme of historical scholarship around racial slavery, and/ or Indigenous dispossession and slavery.