Black Women Are Changing the Face of the Federal Judiciary

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Michelle Rose, Esq.

Win With Black Women

“Appointed for Life, a federal judge is an extraordinary powerful force in American society.”

Historically, the federal judiciary has been comprised of White men. For the first 161 years of the United States, no Black person was entrusted with judicial powers.  In 1939, Jane Matilda Bolin became the first African-American female judge, with her appointment to New York City’s Domestic Relations Court. It would take almost 30 additional years, before a Black female was appointed to the federal bench when Constance Baker Motley was appointed to the United States District Court for the Southern District of New York in 1966.

In 2003, the American Bar Association released their report containing several “enduring principles” that should be emphasized in the 21st century judiciary, including Principal Seven: “[t]he judicial system should be racially diverse and reflective of the society it serves.

Since being in office, President Biden has nominated the most demographically diverse set of judicial candidates in the history of the U.S. His 100 judicial appointments include the appointment of the first Black female Supreme Court Justice, Ketanji Brown Jackson. Additionally, President Biden nominated twenty-six (26%) percent of all Black women currently serving as active federal judges. His judicial appointments increased the percentage of Black women amongst all active federal judges from 4.5% to 5.7%.  Eleven Black women have been appointed and confirmed to the federal appellate bench under his administration. These appointments have doubled the total number of Black women to serve on the federal appeals courts from 8 to 16. Federal appellate appointments have additional significance, because the Supreme Court hears a limited number of matters, so the federal appeals courts often serve as a final stop for many cases. 

Even with the recent appointments of more diverse candidates, the largest demographics of federal judges remain White men. As of December 2022, out of 1,409 currently sitting Article III/federal judges, 779 were White men (55.4%) and only 63 were Black women (4.5%). There is value to appointing judges from diverse backgrounds to the nation’s courts. A “qualified and diverse judiciary” fosters: public confidence; increases judicial impartiality; and promotes equity for disenfranchised populations.

The impact of Black women serving on federal courts has greater significance. Black women bring to the bench, their underrepresented perspectives, legal acumen and critical thinking skills in applying the law to the facts. Diversity of experience and preparation only enhance the process of deliberation. Increasing diversity does not mean cases will be decided differently, but that there is variation by presenting alternative perspectives and analyses to the process of determining how the laws affect the daily realities of people’s lives. 

EXHIBIT A:

President Biden’s Eleven African American Female Federal Judicial Appointees:

  1. Honorable Ketanji Brown Jackson – United States Court of Appeals for the District of Columbia Circuit Court
    1. Prior to being nominated and confirmed as the new Supreme Court Justice, Judge Jackson was elevated to the US Court of Appeals for DC Circuit in 2021.
  2. Honorable J. Michelle Childs – United States Court of Appeals for the District of Columbia Circuit Court
  3. Honorable Eunice C. Lee – United States Court of Appeals for the Second Circuit Court
  4. Honorable Arianna J. Freeman – United States Court of Appeals for the Third Circuit Court
  5. Honorable Tamika Montgomery-Reeves – United States Court of Appeals for the Third Circuit Court
  6. Honorable Dana Marie Douglas – United States Court of Appeals for the Fifth Circuit Court
    1. The first woman of color to ever serve on the Fifth Circuit.
  7. Honorable Stephanie Dawkins Davis – United States Court of Appeals for the Sixth Circuit Court
    1. The first African American woman from Michigan and the second African American woman in history, to serve on the Sixth Circuit. 
  8. Honorable Doris Pryor – United States Court of Appeals for the Seventh Circuit Court
    1. The first African American judge from the state of Indiana to join the Seventh Circuit.
  9. Honorable Candace Jackson-Akiwumi – United States Court of Appeals for the Seventh Circuit Court
  10. Honorable Holly A. Thomas – United States Court of Appeals for the Ninth Circuit Court
  11. Honorable Tiffany P. Cunningham – United States Court of Appeals for the Federal Circuit

References

American Bar Association, Justice in Jeopardy: Report of the Commission on the 21st Century Judiciary 10 (2003).

As recent as February 15, 2023, the Senate confirmed President Biden’s 100th judicial nominee, the Honorable Adrienne Nelson to serve on the Federal District Court. Conrad Wilson, US Senate confirms Oregon Justice Adrienne Nelson to a seat on federal bench, February 15, 2023, Oregon Public Broadcasting, available at https://www.opb.org/article/2023/02/15/united-state-senate-confirms-oregon-justice-adrienne-nelson-federal-bench/

Justice Nelson is the first Black female jurist in Oregon to become a federal judge.

Exhibit A reflects the names and images of the President Biden’s eleven black female judges nominated and currently serving on the federal bench.

tatistics come from the Federal Judicial Center – the education and research agency of the Federal Courts, available at https://www.fjc.gov/history/judges/search/advanced-search.

Much of the debate regarding diversity has focused on the possibility that female and minority judges come from nontraditional backgrounds and bring different perspectives to the bench.” E. Martin, Men and Women on the Court: Vive La Difference?, 73 Judicature 204 (1990); see also Rorie L. Spill Solberg & Kathleen A. Bratton, Diversifying the Federal Bench: Presidential Patterns, 26(2) Justice Sys. J. 119, 121 (2005).

Sherrilyn A. Ifill, Racial Diversity on the Bench: Beyond Role Models and Public Confidence, 57 Wash. & Lee L. Rev. 405, 455 (2000).

Gbemende Johnson, Why aren’t there more Black female judges on the federal bench?, Washington Post, February 22, 2022, available at https://www.washingtonpost.com/politics/2022/02/22/biden-black-woman-supreme-court/.; see also Statistics from the Federal Judicial Center – the education and research agency of the Federal Courts, available at https://www.fjc.gov/history/judges/search/advanced-search

Candice Norwood, Biden’s past Black women nominees pave way for a potential Supreme Court pick, The 19th News(letter), January 21, 2022. Available at https://19thnews.org/2022/01/biden-black-women-appellate-judges/.

Candice Norwood & Jasmine Mithani, Two years in, Biden has prioritized nominating women of color as judges, The 19th News(letter), January 26, 2023, available at https://19thnews.org/2023/01/biden-reshaping-federal-judiciary-appointments/

Russell Wheeler, Biden’s first-year judicial appointments – impact, The Brookings Institute, January 27, 2022, available at https://www.brookings.edu/blog/fixgov/2022/01/27/bidens-first-year-judicial-appointments-impact/

Gbemende Johnson, Why aren’t there more Black female judges on the federal bench?, Washington Post, February 22, 2022, available at https://www.washingtonpost.com/politics/2022/02/22/biden-black-woman-supreme-court/.; see also Statistics from the Federal Judicial Center – the education and research agency of the Federal Courts, available at https://www.fjc.gov/history/judges/search/advanced-search