Skip to main content

Advertisement

Log in

US Women Federal Court Judges Appointed by President Carter

  • Published:
Feminist Legal Studies Aims and scope Submit manuscript

Abstract

There is considerable disagreement as to whether any gender differences on the bench are symbolic, substantive, or both. This paper, based on never-before published surveys and personal interviews conducted in the early 1980s, contributes to that discussion by describing what women appointed to the federal bench by President Carter between 1976 and 1980 had to say about gender differences in their first years in office. I conclude that these early experiences and comments by women on the bench are still relevant today and presage much of the research on judicial gender which has followed.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Similar content being viewed by others

Notes

  1. In Executive Order 12097, President Carter authorised his Attorney General to recommend candidates for seats created by the Omnibus Judgeship Act only after ascertaining that an affirmative active effort was made to identify women and minority candidates.

References

  • ABA Commission on Women in the Profession. 2002. The unfinished agenda: Women and the legal profession. Chicago, IL: American Bar Association.

    Google Scholar 

  • Allen, David, and Diane E. Wall. 1993. Role orientations and women state Supreme Court justices. Judicature 77: 156–165.

    Google Scholar 

  • Beiner, Theresa M. 2005. Female judging. University of Toledo Law Review 36: 821–858.

    Google Scholar 

  • Berkson, Larry, and Susan Carbon. 1980. The U.S. Circuit Judge Nominating Commission: Its members, procedures, and candidates. Chicago: American Judicature Society.

    Google Scholar 

  • Clark, Mary L. 2002. Changing the face of the law: How women’s advocacy groups put women on the federal judicial appointments agenda. Yale Journal of Law and Feminism 14: 243–253.

    Google Scholar 

  • Clark, Mary L. 2003. Carter’s groundbreaking appointment of women to the federal bench: His other “human rights” record. American University Journal of Gender, Social Policy and Law 11: 113–141.

    Google Scholar 

  • Davis, Sue, Susan Haire, and Donald Songer. 1993. Voting behavior and gender on the U.S. Courts of Appeals. Judicature 77: 129–133.

    Google Scholar 

  • Elliott, Heather. 2001. The difference women judges make. Wisconsin Women’s Law Journal 16: 41–51.

    Google Scholar 

  • Epstein, Cynthia Fuchs. 1981. Women in law. New York: Basic Books.

    Google Scholar 

  • Epstein, Cynthia Fuchs. 2001. Women in the legal profession at the turn of the twenty-first century. Kansas Law Review 49: 733–753.

    Google Scholar 

  • Friedan, Betty. 1963. The feminine mystique. New York: W.W. Norton and Company.

    Google Scholar 

  • Gilligan, Carol. 1982. In a different voice: Psychological theory and women’s development. Cambridge, MA: Harvard University Press.

    Google Scholar 

  • Goldstein, Leslie. 1992. Feminist jurisprudence: The difference debate. Lanham MD: Rowman and Littlefield.

    Google Scholar 

  • Gottschall, Jon. 1983. Carter’s judicial appointments: The influence of affirmative action and merit selection on voting on the U.S. Courts of Appeals. Judicature 67: 165–173.

    Google Scholar 

  • Johnston, Laurie. 1983. Notes on people. New York Times, 3 May.

  • Kay, Herma Hill. 1989. Panelist, ‘Feminism: Its impact on judges and judging’. National Association of Women Judges Annual Conference, Washington, DC, November 9–11.

  • Kruse, Brenda. 2005. Women of the highest court: Does gender bias or personal life experiences influence their opinions? University of Toledo Law Review 36: 995–1033.

    Google Scholar 

  • Martin, Elaine. 1982. Women on the federal bench: A comparative profile. Judicature 65: 305–313.

    Google Scholar 

  • Martin, Elaine. 1987. Gender and judicial selection: A comparison of the Reagan and Carter administrations. Judicature 71: 136–142.

    Google Scholar 

  • Martin, Elaine. 1990. Men and women on the bench: Vive la difference? Judicature 73: 204–208.

    Google Scholar 

  • Martin, Elaine. 1991. Judicial gender and judicial choices. In Gender and policymaking: Studies of women in office, ed. Debra Dodson, 49–61. New Brunswick, NJ: Center for the American Woman and Politics, Rutgers University.

    Google Scholar 

  • Martin, Elaine. 1993a. Women on the bench: A different voice? Judicature 77: 126–128.

    Google Scholar 

  • Martin, Elaine. 1993b. The representative role of women judges. Judicature 77: 166–173.

    Google Scholar 

  • Martin, Elaine. 2001. Feminist judges: Challenging the status quo. In The impact of women in public office, ed. Susan Carroll, 205–224. Bloomington: Indiana University Press.

    Google Scholar 

  • Martin, Elaine. 2004. Gender and presidential judicial selection. Women and Politics 26: 109–129.

    Article  Google Scholar 

  • Martin, Elaine, and Barry Pyle. 2000. Gender, race and partisanship on the Michigan state supreme court. Albany Law Review 63: 1205–1236.

    Google Scholar 

  • Martin, Elaine, and Barry Pyle. 2005. State high courts and divorce: The impact of judicial gender. University of Toledo Law Review 36: 923–948.

    Google Scholar 

  • Nelson, Dorothy W. 1994. Introduction to the effects of gender in the federal courts: The final report of the Ninth Circuit Gender Bias Task Force. Southern California Law Review 67: 731–1106.

    Google Scholar 

  • Peresie, Jennifer L. 2005. Female judges matter: Gender and collegial decision-making in the federal appellate courts. Yale Law Journal 114: 1759–1790.

    Google Scholar 

  • Schafran, Lynn Hecht. 1990. Overwhelming evidence: Reports on gender bias in the courts. Trial 2: 28–32.

    Google Scholar 

  • Schafran, Lynn Hecht. 2005. Not from central casting: The amazing rise of women in the American judiciary. University of Toledo Law Review 36: 953–972.

    Google Scholar 

  • Segal, Jennifer A. 2000. Representative decision making on the federal bench: Clinton’s district court appointees. Political Research Quarterly 53: 137–150.

    Google Scholar 

  • Sloviter, Dolores Korman. 2005. Personal reflections. University of Toledo Law Review 36: 855–862.

    Google Scholar 

  • Songer, Donald R., and Kelley A. Crews-Meyer. 2000. Does judge gender matter? Decision making in state supreme courts. Social Science Quarterly 81: 750–762.

    Google Scholar 

  • Swent, Jeannette F. 1996. Gender bias at the heart of justice: An empirical study of state task forces. Southern California Review of Law and Women’s Studies 6: 1–87.

    Google Scholar 

  • Tacha, Deanell. 1995. “W” stories: Women in leadership positions in the judiciary. West Virginia Law Review 97: 683–701.

    Google Scholar 

  • Wald, Patricia M. 2005. Six not-so-easy pieces: One woman judge’s journey to the bench and beyond. University of Toledo Law Review 36: 979–996.

    Google Scholar 

  • Walker, Thomas, and Deborah Barrow. 1985. The diversification of the federal bench: Policy and process ramifications. Journal of Politics 47: 596–617.

    Article  Google Scholar 

  • Werdegar, Kathryn M. 2001. Why a woman on the bench? Wisconsin Women’s Law Journal 16: 31–40.

    Google Scholar 

  • Wikler, Norma. 1989. Water on stone: A perspective on the movement to eliminate gender bias in the courts. Court Review 13: 227–234.

    Google Scholar 

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Elaine Martin.

Rights and permissions

Reprints and permissions

About this article

Cite this article

Martin, E. US Women Federal Court Judges Appointed by President Carter. Fem Leg Stud 17, 43–59 (2009). https://doi.org/10.1007/s10691-009-9109-6

Download citation

  • Received:

  • Accepted:

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s10691-009-9109-6

Keywords

Navigation