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19 Hofstra L. Rev. 171 (1990-1991)
The Gender Gap on the Federal Bench

handle is hein.journals/hoflr19 and id is 183 raw text is: COMMENTARIES THE GENDER GAP ON THE FEDERAL BENCH Carl Tobias* The energy that a presidential administration devotes to ap- pointing female federal judges is one test of its commitment to im- proving conditions for women in American society. President George Bush neither miserably failed nor clearly passed this test during his first half-term of service. The Bush Administration has so far named few women to the federal bench, although there was reason to hope that President Bush would place substantially more women on the federal courts than did the Reagan Administration. President Bush did promise to be the President of all the people in his Inaugural Address and pledged to eschew reliance on litmus tests as a judicial selection criteria, which the Reagan Administration had allegedly employed. Now that the Bush Administration has reached mid-term and the 101st Congress has adjourned, the President's record of ap- pointing women to federal judgeships should be analyzed. Compar- ing President Bush's performance with those of prior administrations reveals that he has named more than twice as many female judges during his initial two years as did President Ronald Reagan. This does not mean that President Bush's record of placing women on the federal bench has been exemplary. Indeed, the Bush Administration * Professor of Law, University of Montana; B.A. Duke University, 1968; LL.B. Univer- sity of Virginia, 1972. Thanks to Bari Burke, Peggy Hesse and Peggy Sanner for valuable suggestions, to Cecelia Palmer and Charlotte Wilmerton for processing this piece, and to the Harris Trust for generous, continuing support.

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