New Book 'Shortlisted' Spotlights 9 Women Passed Over for Supreme Court
"Florence Allen, the first woman to start appearing on presidential short lists, is absolutely a standout. President Roosevelt missed an enormous opportunity," Renee Knake of the University of Houston Law Center, an author of the new book, says.
May 12, 2020 at 06:15 PM
4 minute read
Before Sandra Day O'Connor was nominated and confirmed to a seat on the U.S. Supreme Court in 1981, a handful of presidents, going back to Franklin Roosevelt, considered nine women for high court vacancies.
The new book "Shortlisted: Women in the Shadows of the Supreme Court"—from Renee Knake of the University of Houston Law Center and Hannah Brenner Johnson, vice dean of California Western School of Law in San Diego—"tells the overlooked stories" of those women. The book arose out of the authors' study of media coverage of the nominations of Sonia Sotomayor and Elena Kagan.
The National Law Journal spoke with Knake about how that study spurred a book about the nine women and a short-listing phenomenon that exists in the legal and corporate worlds.
How did the media study inspire the short-listed book?
We came across an Oct. 14, 1971, article in the New York Times, appearing above the fold, written about Mildred Lillie. It was the first time we were able to uncover such a public airing of a short list. Nixon had six names. What was most interesting was who the heck was Mildred Lillie and how many other women were short-listed before Sandra Day O'Connor was nominated? That was really the first seed planted for this book.
What is the short-listing phenomenon?
Richard Nixon is the most obvious example. He puts out this list [of possible Supreme Court nominees] and it's circulated in the media. But in tapes from the Oval Office, we learned, he didn't think women should vote. He later says in a speech, "I know you wanted a female justice but at least we considered women." They like to show their short list includes diversity and yet we know from statistics on who makes up leadership, women and minorities are not moving into positions of leadership and power in numbers reflecting their numbers entering law. It lets them off the hook to select a nondiverse candidate.
Do any of the nine women stand out in particular with you?
Florence Allen, the first woman to start appearing on presidential short lists, is absolutely a standout. President Roosevelt missed an enormous opportunity. He put her on the court of appeals after she had secured herself a seat on the Supreme Court of Ohio and she did that because she was so active in women's suffrage. She went out and campaigned for women's right to vote and once it was secured, she turned around and asked them to vote for her. The breadth of experience she would have brought to the Supreme Court would have been really profound.
And Amalya Kearse, the only woman of color. Being a minority woman, she had, like all women in that cohort, initially struggled to find employment. She is a tangible example of how a process implemented by President Jimmy Carter—judicial commissions—can result in meaningful change.
Why did you go beyond telling the women's stories to offer eight strategies to surmount the short list?
We did not want to end up with a list that said if you do all eight strategies we'll have another woman on the Supreme Court. Our point is more what can we take from these women's lives that is still really relevant today?
Some of them are kind of obvious: law degrees. The women couldn't change the fact they were women and excluded from professional life so they went and obtained a qualification men had and which enabled them to enter professional life, to get a foot in the door. Find a mentor. Collaborate to compete—across political and ideological lines.
The book was 10 years in the making. Would you do it again knowing that commitment?
Even though we had other things going on, we couldn't let this story go, especially once I got into the archives of their lives. I couldn't believe their stories hadn't been told yet. I would do it again, absolutely.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign'
4 minute readJudge Grants Special Counsel's Motion, Dismisses Criminal Case Against Trump Without Prejudice
Ex-Deputy AG Trusts U.S. Legal System To Pull Country Through Times of Duress
7 minute read'Even Playing Field?' Wiley Rein Intervenes in Federal Election Campaign Spending Row
3 minute readLaw Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250