52 Pages Posted: 25 Oct 2010 Last revised: 25 Dec 2014
Date Written: September 28, 2009
Judge Sonia Sotomayor’s assertion that female judges might be “better” than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. We find that the male and female judges perform at about the same level. Roughly similar findings show up in data from the U.S. Court of Appeals and the federal district courts.
Keywords: judicial performance, gender, citations, judges
JEL Classification: K41
Suggested Citation: Suggested Citation
Choi, Stephen J. and Gulati, G. Mitu and Holman, Mirya R. and Posner, Eric A., Judging Women (September 28, 2009). U of Chicago Law & Economics, Olin Working Paper No. 483; NYU School of Law, Public Law Research Paper No. 09-54; NYU Law and Economics Research Paper No. 09-38. Available at SSRN: https://ssrn.com/abstract=1479724 or http://dx.doi.org/10.2139/ssrn.1479724