Legislative diversity and the rise of women judicial nominees in the United States

Abstract

ABSTRACT What factors lead U.S. presidents to nominate women to judicial vacancies? We argue that gender diversity within the Senate creates an incentive for the president to select women for judicial positions. We posit two potential reasons for this. First, presidents may assume that women senators care about diversity in the judiciary, potentially creating an easier path for women nominees. Second, the president may view the presence of women in the Senate as a heuristic for public support for women in other areas of politics. Using data on judicial nominations between 1925 and 2020, we find that Senate gender composition is associated with a higher probability of a woman nominee being selected for a judicial vacancy. These findings have implications for women in politics, diversifying institutions, and nomination strategies pursued by presidents.