Senate Delay of Minority Nominees to the Federal Judiciary: A Look at Race, Gender, and Experience

Abstract

The author examines whether race, gender, or experience correlate with delay of lower federal court judicial nominations by the U.S. Senate. President Clinton and Eleanor Holmes Norton claimed that Clinton's minority judicial nominees were being unfairly delayed. The evidence suggests that these claims were unfounded when comparing Clinton's nominees to those of past presidents. There was, however, significantly enhanced and widespread delay of President Clinton's nominations in general and overall. Female judges were confirmed more slowly than their male counterparts. Female candidates were rated lower by the ABA than male candidates even though they generally had more judicial and prosecutorial experience than male candidates.

Keywords: judicial selection, race, gender, experience, lower federal court judges, ABA ratings, judges, federal court, district court, united states circuit courts of appeal