14 the national law journal/www.nlj.

com ❙ january 24, 2011

washington

Obama’s judges: The most diverse group ever

diversity, from page 1
The numbers agree. Obama’s suc-
cessful nominees for district and circuit
courts make up the most diverse group
ever along racial, ethnic and gender
lines, according to an analysis of Federal
Judicial Center data. About two in five
are members of minority groups, with
Asian-Americans and African-Americans,
choice awaiting confirmation, Wilmer
Cutler Pickering Hale and Dorr part-
ner Edward DuMont, a nominee to the
Federal Circuit, is the first openly gay
appellate nominee in history.
The demographics of Obama’s choices
spark occasional public debate: for exam-
ple, during Justice Sonia Sotomayor’s
nomination and when a handful of
minority candidates have stalled simul-
taneously. But Curt Levey, executive
director of the conservative Committee
for Justice, said he’s surprised the issue
hasn’t garnered more attention. Levey
said Republicans are probably “some-
what sheepish about bringing it up”
because Obama is the first black presi-
See diversity, Page 15

Diversity on the bench: How presidents have fared during

in particular, seeing their numbers rise.
Exactly half are women.
Obama’s push for diversity is politically

their first two years in office.

tricky. Bar associations and feminist orga-
nizations have high expectations of the
administration, while conservative legal
activists have been skeptical of whether
the president is sacrificing other qualifi-
cations for the sake of minority or gender
preferences.
Nevertheless, the White House has 100 50
pursued the effort with apparent deter-
mination. Robert Raben, the chair of the
80 40
Hispanic National Bar Association’s judi-
ciary committee, said that, even during
the transition from the Bush administra- 60 30
tion, it was clear that the Obama admin-
istration’s judge pickers put a very high
40 20
value on diversity. “It’s not a sideshow.
It’s one of the first or second things out Obama Bush Clinton Bush Reagan Carter
Obama Bush Clinton
of their mouths,” said Raben, who is also 20 50% 79% 69% 90% 97% 90% 10
50% 21% 31%
president of The Raben Group, a lobby-
ing firm in Washington.
0 0
Nan Aron, president of the Alliance Bush Reagan Carter
for Justice, a liberal advocacy group, MALE JUDGES FEMALE JUDGES 10% 3% 10%
noted that the proportion of Obama-
nominated judges who are women is
almost double the previous peak, under
Clinton. “There’s a significant catching
up that needs to be done, and with this
administration having made diversity 30

a priority, its success is reflected in the

numbers,” Aron said. 25

Diverse team 20
The White House readily listens to
names recommended by bar associations 15 Obama Clinton
and other outside groups, advocates say. 27% 24%
It’s also transparent about details of the Bush Carter
Obama Bush Clinton Reagan 10
process, such as the deadlines for sub-
mitting names for particular vacancies 57% 85% 67% 94% 95% 82% Carter
and the role of senators, who have great
5 Bush 2%
sway over district court nominees. 9%
0
Running the administration’s effort is Bush Reagan
a team of lawyers that is itself diverse. WHITE JUDGES AFRICAN AMERICAN JUDGES 3% 1%
A female deputy White House counsel,
Susan Davies, oversees the team day-
to-day. (That job was held earlier in the
Obama administration by Cassandra
Butts, who is African-American.) Chris­
diego m. radzinschi, catherine lovett/daily report, john barrett/globe photos/zumapress.com

tina Tchen, a former partner at Skadden, 8 10

Arps, Slate, Meagher & Flom who is
7
Asian-American, has worked with out-
side groups as the director of the White 6
8

House Office of Public Engagement. Lisa

Brown, the White House staff secretary 5
6
and a former executive director of the 4
liberal American Constitution Society, Obama Bush Clinton Obama
sometimes attends meetings. 3 7% 6% 8% 4
10%
On the subject of diversity, “they’ve
2
got people at the very top who are 2
focused on it,” Raben said. 1
Bush Reagan Carter
Some of the judges broke new paths. 3% 2% 3%
0 0
Judge O. Rogeriee Thompson is the first
Bush Clinton Bush Reagan Carter
African-American judge on the U.S. HISPANIC JUDGES
Court of Appeals for the 1st Circuit, and 0% 1% 0% 1% 2%
Judge Denny Chin is the first Asian- Source: analysis of Federal Judicial Center database. ASIAN AMERICAN JUDGES
American judge on the 2d Circuit. One