Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wzw2p Total loading time: 0 Render date: 2024-04-30T11:23:23.632Z Has data issue: false hasContentIssue false

6 - Diversity Abound

Will Federal Judicial Appointees Mirror a Changing Citizenry?

Published online by Cambridge University Press:  09 November 2018

Samantha L. Hernandez
Affiliation:
San Antonio City Council
Sharon A. Navarro
Affiliation:
University of Texas, San Antonio
Get access

Summary

Enita Brazelton and LaTasha Chaffin examine whether diversity at the federal level mirrors changes in the citizenry. As the US population diversifies, will the federal courts be representative? What determinants lead African American and Latina women to be nominated and confirmed to the federal judiciary? Using the Federal Judicial Center database, this study qualitatively examines the demographic, political, and economic determinants that influence the appointments of African American and Latina women to the district and circuit courts since the Carter administration. Brazelton and Chaffin interview African American and Latina women judges who have earned senior status, to assess their perceptions of the changing diversity of federal judgeships. They anticipate that changing demographics and socioeconomic status will impact the ascent of Latina women to the federal bench. Political mobilization will impact the ascent of African American women to the federal bench and interest group pressure will influence both.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Allison, G. W. 1996. “Delay in Senate Confirmation of Federal Judicial Nominees.” Judicature (80), 8.Google Scholar
Alozie, N. O. 1996. “Recruitment of Women to State Courts of Last Resort.” Social Science Quarterly (77) 110.Google Scholar
Anapol, Avery. 2017. “Trump Picking White Males for the Judiciary at the Highest Rate in 30 Years.” The Hill. http://thehill.com/homenews/administration/360158-ap-trump-picks-white-males-for-judicial-positions-at-the-highest-rate.Google Scholar
Asmussen, N. 2011. “Female and Minority Judicial Nominees: President’s Delight and Senators’ Dismay?Legislative Studies Quarterly 36(4): 591619.Google Scholar
Bell, L. C. 2002. “Senatorial Discourtesy: The Senate’s Use of Delay to Shape the Federal Judiciary.” Political Research Quarterly 55(3): 589607.Google Scholar
BLS Monthly Labor Review. 2013. “Marriage and Divorce: Patterns by Gender, Race and Educational Attainment.” www.bls.gov/opub/mlr/2013/article/marriage-and-divorce-patterns-by-gender-race-and-educational-attainment.htm.Google Scholar
Bratton, K. A., and Spill, R. L. 2002. “Existing Diversity and Judicial Selection: The Role of the Appointment Method in Establishing Gender Diversity in State Supreme Courts.” Social Science Quarterly 83(2): 504–18.Google Scholar
Brazelton, S., and Pinderhughes, D. 2019. “Black Federal Judges and Civil Rights in the Age of Obama.” In After Obama: African American Politics and a Post-Obama Era, eds. Todd Shaw, Robert Brown, and Joseph McCormick. New York: NYU Press.Google Scholar
Brown, N. E. 2014. Sisters in the Statehouse: Black Women and Legislative Decision Making. Oxford: Oxford University Press.Google Scholar
Clark, M. L. 2004. “One Man’s Token Is Another Woman’s Breakthrough – The Appointment of the First Women Federal Judges.” Villanova Law Review 49: 487550.Google Scholar
Collins, T. and Moyer, L. 2008. “Gender, Race, and Intersectionality on the Federal Appellate Bench.Political Research Quarterly 61(2): 219–27.Google Scholar
Cook, B. B. 1984. “Women Judges: A Preface to Their History.” Golden Gate University Law 14(3): 573610.Google Scholar
Crenshaw, K. 1989. “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” The University of Chicago Legal Forum (1989): 139–67.Google Scholar
Epi.org. 2016. “People of Color Will Be the Majority of the Working Class by 2032.” www.epi.org/press/people-of-color-will-be-the-majority-of-the-working-class-by-2032.Google Scholar
Federal Judicial Center. 2017. “Age and Experience of Judges.” www.fjc.gov/history/exhibits/graphs-and-maps/age-and-experience-judges.Google Scholar
Federal Judicial Center. 2018. “Biographical Directory of Federal Judges.” www.fjc.gov/servlet/nFormReq.Google Scholar
Graham, Barbara L. 2004. “Toward an Understanding of Judicial Diversity in American Courts.” Michigan Journal of Race and Law 10: 153–93.Google Scholar
Gryski, G. S., Zuk, G., and Barrow, D. J. 1994. “A Bench That Looks Like America? Representation African Americans and Latinos on the Federal Courts.” The Journal of Politics 56(4): 1076–86.Google Scholar
Haire, S. B., and Moyer, L. P. 2015. Diversity Matters: Judicial Policy Making in the US Courts Appeals. Charlottesville: University of Virginia Press.Google Scholar
Hartley, R. E. 2001. “Senate Delay of Minority Judicial Nominees: A Look at Race, Gender, and Experience.” Judicature 84(4): 190–97.Google Scholar
Hurwitz, Mark S., and Lanier, Drew Noble. 2003. “Explaining Judicial Diversity: The of Women and Minorities to Attain Seats on State and Federal Appellate Courts.” State and Policy Quarterly 3 (4): 329–52.Google Scholar
Kenney, S. J. 2012. “Choosing Judges: A Bumpy Road to Women’s Equality and a Long Way to Go.” Michigan State Law Review (2012): 14991528.Google Scholar
Martinek, W. L., and Kemper, M. 2002. “To Advise and Consent: The Senate and Lower Federal Court Nominations, 1977–1998.” Journal of Politics 64(2): 337–61.Google Scholar
Nixon, D. C., and Goss, D. L. 2001. “Confirmation Delay for Vacancies on the Circuit Courts of Appeals.” American Politics Research 29(3): 246–74.Google Scholar
Norton Holmes, Eleanor. 2018. Press Release. “Norton to Lead CBC Forum on Lack of Diversity in President Trump’s Judicial Nominees, Today.” https://norton.house.gov/media-center/press-releases/norton-to-lead-cbc-forum-on-lack-of-diversity-in-president-trump-s-1.Google Scholar
Orey, D., Smooth, W., and Adams, K. K. Harris-Clark. 2006. Race and Gender Matter: Refining Models of Legislative Policy Making in State Legislatures. In Intersectionality and Politics: Recent Research on Gender, Race, and Political Representation, ed. Hardy-Fanta, Carol. New York: Haworth Press. pp. 97119.Google Scholar
Pew Research Center. 2016. “10 Demographic Trends Shaping the U.S. and the World.” March 31. www.pewresearch.org/fact-tank/2016/03/31/10-demographic-trends-that-are-shaping-the-u-s-and-the-world.Google Scholar
Reddick, M., Nelson, M. J., and Caufield, R. P. 2009. “Racial and Gender Diversity on State Courts – An AJS Study.” Judges’ Journal (48): 28.Google Scholar
Scherer, N., Bartels, B. L., and Steigerwalt, A. 2008. “Sounding the Fire Alarm: The Role of Interest Groups in the Lower Federal Court Confirmation Process.” The Journal of Politics 70(4): 1026–39.Google Scholar
Schneier, C. 2018. “New Additions to Senate Committee Fuel Hope for Greater Diversity in Judicial Nominees.” The National Law Journal. www.law.com/nationallawjournal/sites/nationallawjournal/2018/01/09/new-additions-to-senate-committee-fuel-hope-for-greater-focus-on-diversity-in-judicial-nominees/?slreturn=20180021131651.Google Scholar
Schraufnagel, S. 2005. “Testing the Implications of Incivility in the United States Congress, 1977–2000: The Case of Judicial Confirmation Delay.” The Journal of Legislative Studies 11(2): 216–34.Google Scholar
Sen, M. 2014. “How Judicial Qualification Ratings May Disadvantage Minority and Female Candidates.” Journal of Law and Courts 2(1): 3365.Google Scholar
Smooth, W. 2011. “Standing For women? Which women? The Substantive Representation of Women’s Interests and the Research Imperative of Intersectionality.” Politics & Gender 7(3): 436–41.Google Scholar
Solberg, R. L. S., and Bratton, K. A. 2005. “Diversifying the Federal Bench: Presidential Patterns.” Justice System Journal 26(2): 119–33.Google Scholar
Solowiej, L. A., Martinek, W. L., and Brunell, T. L. 2005. “Partisan Politics: The Impact of Party in the Confirmation of Minority and Female Federal Court Nominees.” Party Politics 11(5): 557–77.Google Scholar
Spill, R. L., and Bratton, K. A. 2001. “Clinton and Diversification of the Federal Judiciary.” Judicature 84(5): 256261.Google Scholar
U.S. Census Bureau. 2017a. “Annual Estimates of the Resident Population by Sex, Age, Race Alone or in Combination, and Hispanic Origin for the United States and States: April 1, 2010 to July 1, 2016.” https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmkGoogle Scholar
U.S. Census Bureau 2017b. “Sex by Age (Hispanic or Latino) Universe: People Who Are Hispanic or Latino 2011–2015 American Community Survey 5-Year Estimates.” https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_15_5YR_B01001I&prodType=table.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×