Gender Representation in the Judiciary

Women are still underrepresented in the U.S. judicial system

Reviewed by Somer Anderson

Court decisions play a crucial role in shaping policies and laws, affecting both individuals and businesses. They enforce contracts, impose financial penalties, and rule on issues like fraud, liability, discrimination, and antitrust violations. These decisions can directly affect personal finances, business relationships, and economic predictions. However, the demographic makeup of those working within the judiciary—such as lawyers, judges, clerks, and paralegals—has not always mirrored the diversity of the U.S. population.

Historically, the judicial system in the United States has been predominantly male. It wasn’t until Arabella Mansfield broke barriers in 1869 by becoming the first female lawyer in the country, a full 80 years after the establishment of the judicial system. Before her achievement, women were often explicitly barred from practicing law due to their gender.

Although the participation of women in the judiciary has increased since then, the field remains dominated by males.

While we recognize that gender is nonbinary and more than just male or female, for the purpose of this discussion and due to the limitations of available data, our examination of gender representation within the judiciary will focus on men and women. Our references to gender will use the terms men and women to reflect the data we have, while understanding that this might not fully encompass every individual’s identity.

Key Takeaways

• Women are represented in the judiciary, but at a much lower rate than men. Women now represent approximately 34% of the judiciary nationwide.
• Historically, only 5% of Supreme Court Justices have been women.
• More women are now working in the judicial system than ever before, though they are still outnumbered by men.

Historical Gender Representation in the Judiciary

For the initial 80 years of its existence, the U.S. judicial system did not include any women, as they were not permitted or were legally barred from working within it.

In 1928, Genevieve Rose Cline was the first woman appointed to the federal bench, 59 years after Arabella Mansfield broke barriers as the first female lawyer in the U.S., and nearly a century and a half after the establishment of the country’s court system.

The 1970s saw a significant surge of women entering law schools, which led to a noticeable increase in female representation in the judiciary. By 1979, the number of women serving as federal judges had more than doubled.

Today, more women are going to law school than ever before. For eight consecutive years, women have outnumbered men in law school classrooms, with women constituting 56% of law students compared to 43% for men. Nonetheless, the number of women holding leadership positions in the legal profession has not increased at the same rate.

Note

Despite women constituting 56% of law school students, their representation in top legal positions remains disproportionately low. On the U.S. Supreme Court, for example, only six out of 116 justices have been women.

Gender Representation in Current Judicial Job Occupations

As a whole, women hold much fewer jobs in all judicial roles than men do. The chart below provides more information about the disparity of jobs in the judiciary between men and women.

In the U.S., women lawyers make up about 40% of the profession, totaling around 374,000 in 2023. California leads as the state with the most women in this occupation, followed by New York and Florida.

The data highlights that women are more commonly found in entry-level judicial roles, such as paralegals, legal assistants, and other support positions. Meanwhile, at the highest level of the U.S. judiciary, the Supreme Court, only six out of 116 justices have been women, four of whom are serving currently.

Gender Representation in the Federal Court System

The federal court system of the United States is made up of three main levels: district courts (the general trial courts), circuit courts (the court of appeals), and the Supreme Court (the highest court level in the judicial system).

It’s important to examine all levels of the federal court system because each system has different levels of authority and deals with different kinds of cases.

District Courts

The district court system is where the general trial courts occur. All federal court cases begin in the district courts, including civil and criminal cases.

Across the 94 district courts in the United States, women constitute 39.5% of all district court judges, with a total of 326 female judges compared to 499 male judges. Additionally, there is one gender nonconforming judge serving at the district court level.

Circuit Courts

The circuit court system is the appellate court system, or the court of appeals. Once a ruling is made in a district court, the case can be appealed to the circuit court. It is a higher level of court where the decision of the district court can be reviewed and potentially changed.

There are 13 circuit courts in the United States. The 94 district courts are organized into 12 circuits, and these circuit courts hear the appealed cases of the district courts. The 13th circuit is the Federal Circuit Court of Appeals, which has a nationwide jurisdiction over special subject matter.

Across these 13 circuit courts, 73 women and 104 men serve as judges.

Supreme Court

The Supreme Court of the United States is the next and highest level of the federal court system. Once a ruling is made in a circuit court, the case can be appealed to the Supreme Court, which has the final say on the matter.

Nine justices serve on the Supreme Court. Currently, and four of these justices are women. But of the 116 Supreme Court justices throughout American history, only six have been women, a mere 5% historic rate.

Sandra Day O’Connor made history as the first woman Supreme Court Justice in 1981. She served until her retirement in 2006.

Gender Representation in the State Court System

The state court system varies state by state, but most states follow a structure similar to the federal system and have several levels, which include a general trial level, an appellate level, and a final appellate level.

The map below displays the number of women judges per state at all levels of each state court system.

According to The Gavel Gap, “state courts handle more than 90% of the judicial business in America.”

Per the above map, there are 6,056 women and 17,778 men judges at the state court level—this equates to about a third of the judges being women.

The disparity is extremely apparent at the state court level where there are over 10,000 more men serving as judges.

What is the Gender Breakdown of Judges?

In the U.S. judicial system, women judges constitute a minority compared to men. Women make up 39.5% of federal district court judges and about a third of state court judges. The Supreme Court currently has four female justices out of nine.

Do Female Judges Decide Cases Differently Than Men?

Research comparing the voting behavior of male and female judges on the Supreme Courts of the United States and Canada reveals varied findings. In the United States, one study found that any gender differences in voting behavior are not evident once the political affiliations of the judges are considered. For example, Justice Sandra Day O’Connor of the U.S. Supreme Court and Justice Bertha Wilson of the Supreme Court of Canada had opposing views on the impact of gender in judicial decisions.

Why is Gender Representation in the Judiciary Important?

Judges’ interpretations and rulings reveal their thought processes and perspectives, which should fairly represent both genders on the bench. This is important because a judiciary that reflects gender diversity can better understand and address the wide range of issues that come before it, ensuring decisions are fairer and more inclusive.

The Bottom Line

A rising number of women are entering the judicial system, though they remain a minority compared to men. These roles are crucial as they influence societal norms, legal standards, and financial regulations.

Having more women serve in these roles helps to build the inclusivity, fairness, transparency, and representation of the people that the judicial system stands for and serves. The growing number of women in law schools and those entering the judicial system suggests progress toward equal representation in the judiciary may be underway. It’s also important to recognize and include nonbinary and gender-fluid individuals in these discussions for a truly representative judiciary. Unfortunately, current data on this aspect is lacking. Such information needs to be collected in order to measure the full extent of gender representation in the judiciary.

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