Shut Out: SCOTUS Law Clerks Still Mostly White and Male
According to a National Law Journal study, the U.S. Supreme Court's clerk ranks are less diverse than law school graduates or law firm associates—and the justices aren't doing much to change that.
December 11, 2017 at 06:00 AM
16 minute read
A year as a U.S. Supreme Court law clerk is a priceless ticket to the upper echelons of the legal profession. Former clerks have their pick of top-tier job offers and can command $350,000 hiring bonuses at law firms.
Exclusive Report: SCOTUS Clerks This article is part of a series examining the professional pathways and diversity of Supreme Court law clerks. • A Look Inside the Elite World of Supreme Court Law ClerksFour current justices were formerly clerks at the court—a record number—and three U.S. senators are former clerks. The general counsels of both Apple and Facebook once clerked at the high court. For aspiring appellate litigators and academics, a Supreme Court clerkship opens the creakiest doors.
But amid the luster of being a law clerk, there's an uncomfortable reality: It is an elite club still dominated by white men. While some variables are outside the court's control, few justices seem to be going out of their way to boost diversity.
Research conducted by The National Law Journal found that since 2005—when the Roberts court began—85 percent of all law clerks have been white. Only 20 of the 487 clerks hired by justices were African-American, and nine were Hispanic. Twice as many men as women gain entry, even though as of last year, more than half of all law students are female.
The numbers show near-glacial progress since 1998, when USA Today and this reporter undertook the first-ever demographic study of Supreme Court clerks, revealing that fewer than 1.8 percent of the clerks hired by the then-members of the court were African-American (now it is 4 percent,) and 1 percent were Hispanic (now the figure hovers at roughly 1.5 percent). The percentage of clerks who are of Asian descent has doubled from 4.5 percent then to nearly 9 percent since 2005. Then, women comprised one-fourth of the clerks; now they make up roughly a third.
Of the 36 clerks hired by sitting justices this term, one is African-American, two are Hispanic, and three are Asian-Americans, based on the NLJ research.
The ranks of Supreme Court clerks are less diverse and more male than law firm associates, while the stakes for society are certainly higher. Clerks play a crucial role in helping justices pick which cases to grant, and in writing opinions. In both of those roles, the lack of diversity among clerks means the court's handling of race and immigration cases, among others, continues to be shaped by players who have little personal experience to inform the discussion.
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 AllFemale GCs Joining Corporate Boards in Large Numbers, Overcoming Biases and Stereotypes Along Way
9 minute readDuane Morris Uses Nonequity Partnership as 'Income Shifting' Device, Class Action Contends
5 minute readMindful of Risks, Holland & Knight's New Diversity Partner Aims to Maintain 'Robust' Strategy
3 minute readTrending Stories
- 1Pa. Supreme Court Taps New Philadelphia Family Division Administrative Judge
- 25th Circuit Rules Open-Source Code Is Not Property in Tornado Cash Appeal
- 3Mediators for the Southern District of New York Honored at Eighth Annual James Duane Awards
- 4The Lawyers Picked by Trump for Key Roles in His Second Term
- 5Pa. High Court to Weigh Parent Company's Liability for Dissolved Subsidiary's Conduct
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