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84 Judicature 256 (2000-2001)
Clinton and Diversification of the Federal Judiciary

handle is hein.journals/judica84 and id is 258 raw text is: s the era of William J. Clinton closed, it was clear that one of the legacies of his presidency will be the increased diver- sity of the federal bench. Like Jimmy Carter many years before him, Clinton valued diversity and worked to create a federal bench more reflective of soci- RORIE L. SPILL is an assistant professor of political science at the University of Northern Iowa KATHLEEN A. BRA TTON is an assistant professor of political science at Louisiana State University ety. The increased numbers of nontra- ditional nominees have been well documented by scholars, as have their backgrounds and qualifications. This article moves beyond the aggregate 256 Judicature Volume 84, Number 5 level and examines the pattern of ap- pointments in the Clinton presidency across both the courts of appeals and the district courts. It investigates whether the increase in diversity came about through the exercise of a color- and sex-blind strategy, or whether Clinton was more likely to create diver- sity under certain conditions. The appointment of women and mi- norities to the federal bench is still a relatively new phenomenon. It is only as more women and minorities are available and qualified to fill these lofty positions that we can assess whether presidents consider existing diversity when filling vacancies.2 On the surface, presidents may express concern about or prioritize diversity; however, their actual appointments may serve to pro- vide a token level of diversity across courts rather than simply appointing qualified minorities and women with- out concern for an overall pattern of representation. Anecdotal evidence at the federal level suggests that the appointment This paper was prepared for presentation at the annual meetings of the Law and Society Associa- tion and Research Committee on Sociology of Law (ISA) in Budapest, Hungary July 4-7, 2001. The authors wish to acknowledge the adept re- search assistance provided by Laura Stockel of the University of Northern Iowa. 1. For example, see Goldman and Slotnick, Clinton's First Term Judiciary: Many Bridges to Cross, 80JuMcATuR 254 (1997); Segal, The decision mak- ing of Clinton's nontraditionaljudicial appointees, 80 JUDICAURE 279 (1997); Segal, Representative Deci- sion Making on the Federal Bench: Clinton's District Court Appointees, 53 Pot.. Rrs. Q. 137 (2000); Stidham, et al., The voting behavior of President Clinton's judicial appointees, 80 JUDICATURE 16 (1997). 2. While it has been suggested that delays by the Senate stalled Clinton's minority and female nominees, and such a trend could affect our analysis, Hartley shows that while Clinton's nomi- nees were slowed, the pattern is similar to other presidents dealing with a Senate controlled by the opposition. See Hartley, Senate delay of minority judicial nominees: a look at race, gender, and experi- ence, 84 JUDIATURE 190 (2001). March-April 2001

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