The Impact of Attorney Gender on Decision Making in the United States Courts of Appeals

Abstract

Despite a growing recognition of the influence of gender in the policymaking arena, few scholars have studied the relationship between lawyer gender and decision making on appellate courts. This article examines this relationship in the context of the United States Courts of Appeals, where there have been a greater number of female judges for a longer period of time. The results of the analysis suggest that, in the average Courts of Appeals case, judges are generally more likely to side with female attorneys, even in the absence of a “women's issue.” In addition, both male and female judges are equally supportive of female lawyers even when the circuit is not particularly gender diverse. However, circuit judges are less likely to support female attorneys in cases in which the circuit reverses the lower court, indicating a notable disadvantage for female advocates in the very cases in which advocacy might be most crucial at the circuit court level.