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48 J. Legis. 211 (2021-2022)
"Seven Years' Worth of Opportunity": Championing Diversity and Inclusion as Chief Circuit Judge

handle is hein.journals/jleg48 and id is 211 raw text is: ARTICLES SEVEN YEARS' WORTH OF OPPORTUNITY: CHAMPIONING DIVERSITY AND INCLUSION AS CHIEF CIRCUIT JUDGE Carl E. Stewart* INTRODUCTION A remarkable but largely unnoticed moment occurred at the September 2016 ses- sion of the Judicial Conference of the United States. By statute, the Chief Justice of the United States convenes and presides over the Judicial Conference twice yearly.1 In addition to the Chief Justice, the Judicial Conference consists of the Chief Judge from each circuit as well as the Court of International Trade.2 In addition, the Judicial Conference is comprised of designated district judges and the Director of the Admin- istrative Office of the United States Courts, who serves as its Secretary.3 In September 2016, the Judicial Conference had convened in the Supreme Court's East Conference Room. The oak-paneled room contains portraits of the na- tion's earliest Chief Justices-including Roger Taney, who infamously wrote the ma- jority opinion in Scott v. Sandford which declared that African Americans were not citizens under the Constitution.4 Nearly 160 years later, at the September 2016 meet- ing, four of the thirteen Chief Circuit Judges gathered before Taney's ornately- framed portrait were African Americans. These four judges were each tasked with leading their respective circuits and making policy for the federal judiciary.5 After years of service, they had each earned a seat at the table. This marked an important moment in the integration of the storied third branch and served as a measure of our country's racial progress. Serving on the Judicial Conference of the United States is one of the unique re- quirements of a Chief Circuit Judge. No other circuit judges attend the conference, which is the judiciary's policymaking arm. Rather, under statute, the chief judge of each judicial circuit attends the conference annually for a regular session and for additional special sessions as the Chief Justice designates.6 Historically, the Chief * Judge, United States Court of Appeals for the Fifth Circuit; Chief Judge, United States Court of Ap- peals for the Fifth Circuit, 2012-2019. The author thanks his stellar law clerk Donovan Stone for research assistance. 1. 28 U.S.C. § 331. 2. Id. 3. Id. 4. 60 U.S. 393 (1857). 5. At the time of the September 2016 Judicial Conference, Judges Theodore McKee of the Third Circuit, Carl E. Stewart of the Fifth Circuit, R. Guy Cole, Jr. of the Sixth Circuit, and Roger L. Gregory of the Fourth Circuit-each of whom is African American-served as Chief Judge of their respective circuits. 6. 28 U.S.C. § 331. Also among those required to attend the conference are the chief judge of the Court of International Trade, and a district judge from each judicial circuit .... Id. 211

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