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31 Nova L. Rev. 237 (2006-2007)
The Embodiment of Equal Justice under the Law

handle is hein.journals/novalr31 and id is 243 raw text is: THE EMBODIMENT OF EQUAL JUSTICE UNDER THE LAW
ANITA F. HILL*
I.      IN TROD UCTION  ............................................................................... 237
II.     JUST How WILL WOMEN JUDGES MAKE A DIFFERENCE? ............ 245
III.    JUSTICE O'CONNOR AND THE INCLUSIVE COURT .......................... 251
IV.     JUDGE CONSTANCE BAKER MOTLEY: EMBRACING RACE AND
G EN D ER  .......................................................................................... 255
V .     C ON CLU SION   .................................................................................. 257
I. INTRODUCTION
In 1991, when I testified before the Senate Judiciary Committee in the
Clarence Thomas confirmation hearings, there were two women in the
United States Senate.' Nationwide, as of 1997, 19% of seated federal judges
were women.2 Though the laws protecting against sexual harassment had
been in place since the 1970s,3 a woman's chance of winning a sexual har-
assment lawsuit was a longshot. The United States Supreme Court had heard
only one such case.4 In the United States, women earned about seventy cents
for each dollar a man earned.'
On October 15, 1991, Judge Thomas was confirmed as a justice to the
nation's highest court.6 Momentum from the hearings indicated that the is-
sues I raised during the hearing were only of passing interest.7 Observers
were equally certain that no woman would come forward with a sexual har-
* Professor of Law, Social Policy, and Women's Studies, Brandeis University, Heller
School of Policy and Management.
1. U.S. Senate, Art & History-Historical Minutes, Year of the Woman (Jan. 3, 1993),
http://www.senate.gov/artandhistory/history/minute/year-of the woman.htm.
2. ABA,     FACTS    ABOUT    WOMEN     AND    THE    LAW    1    (1998),
http://www.abanet.org/media/factbooks/womenlaw.pdf.
3. Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241, 253-66 (1965).
4. See Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986).
5. Women's Earnings as a Percentage of Men's, 1951-2005, Infoplease.com,
http://www.infoplease.com/ipa/A093820.html (last visited Apr. 14, 2007).
6. Senate Confirms Thomas, 52-48, Ending Week of Bitter Battle: 'Time for Healing,'
Judge Says, N.Y. TIMES, Oct. 16, 1991, at Al.
7. Julia Lawlor, Thomas Battle Leaves Doubts in Workplace, USA TODAY, Oct. 16,
1991, at B1.

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