Justice Kavanaugh is already breaking records and setting trends on the Supreme Court. I imagine he was welcomed with open arms by the justices but although Kavanaugh may be a team player, he still has a will of his own and most of it has to do with the clerks he employs.
Justice Brett Kavanaugh has kept one of the promises he made during his extremely divisive confirmation process: hiring an all-female contingent of law clerks. He has now hired four of them. But it doesn’t stop there. This must be driving the left nuts.
“In my time on the bench, no federal judge — not a single one in the country — has sent more women law clerks to clerk on the Supreme Court than I have,” he said. “If confirmed, I’ll be the first justice in the history of the Supreme Court to have a group of all-women law clerks. That is who I am,” he told senators.
Kavanaugh also hired a black law clerk, Kim Jackson, for his new chambers at the U.S. Supreme Court, matching Justice Ruth Bader Ginsburg’s record of African-American clerkship hiring during her tenure on the nation’s highest judicial tribunal. On his first day, he did what it took Ginsburg 25 years to do. Ginsburg joined the court in 1993 and has hired over 100 law clerks… only one was black.
It appears that Kavanaugh is bucking the hiring patterns of SCOTUS. In the past, they have tended to favor white, male graduates of elite law schools. Kavanaugh is the first justice to hire an all-female class of clerks.
From Fox News, these are the women Kavanaugh has hired:
“A graduate of Harvard University and Stanford University, Grammel is a former president of the Stanford Law Review, according to The Washington Post. She’s also served as a law clerk for other judges appointed by Republican presidents, The New York Times reported.
“Jackson already has practice working for Kavanaugh; she worked for him on the appeals court, according to The Times. Also like Kavanaugh, she went to Yale Law School.
“A graduate of the University of Virginia Law School and Hillsdale College, Lacy was on the White House team tasked with handling Kavanaugh’s nomination, according to The Post. Lacy is a former counsel to Senate Judiciary Chairman Chuck Grassley, R-Iowa, and spoke at a Network of Enlightened Women event for conservative women in 2016.
“Nommensen is a former student of Kavanaugh’s, having taken his class at Harvard Law School, The Post reported. Aside from her clerkships, she most recently worked in the Justice Department’s office of legal counsel. At Harvard, Nommensen was vice president of social activities for the school’s Federalist Society chapter. She also signed onto a letter of former students in support of Kavanaugh.”
As for Ginsburg and her hiring practices, they have been criticized for decades.
During her 1993 confirmation hearings, GOP Sen. Orrin Hatch of Utah asked Ginsburg if a court might reasonably conclude that a small business in a majority black city that hired 57 white employees and zero black employees over a period of years was discriminatory. Ginsburg dodged the question before Hatch pointed out that was, in fact, her own record of clerkship hiring in her 13 years on the U.S. Court of Appeals for the D.C. Circuit.
“I will try harder, and if you confirm me for this job my attractiveness to black candidates is going to improve,” Ginsburg replied, to much laughter throughout the hearing chamber. That wasn’t funny and her tendency to not take on black clerks never improved.
A 2017 study published in the National Law Journal found that 85 percent of all Supreme Court clerks between 2005 and 2017 were white, and approximately two-thirds were male.
Justice Kavanaugh started work on Sunday, taking over a suite of offices formerly occupied by Justice Samuel Alito. His actions put to rest definitively that he doesn’t respect women.
In the end, gender and race should have nothing to do with this but somehow because of the left, it does. Kavanaugh wins hands down against the hypocritical left. Because of Kavanaugh, women now hold the majority of clerkships for the first time in court history.
It will never be good enough for the left though. The spokesman for a liberal group that opposed Kavanaugh said that this type of diversity would normally be applauded, but that’s not the case now.
“Unfortunately, it’s going to take a lot more than female clerks to undo the damage to the legitimacy of the court done by this travesty of a confirmation process. Women will feel much more confident in the court when their fundamental rights are protected and their equal dignity is respected in the rulings handed down by the justices,” said Elizabeth B. Wydra, the president of the Constitutional Accountability Center.
The website Law.com broke down the numbers of Kavanaugh’s clerks. They found that as an appeals court judge, he hired 25 female clerks and 23 males. Of the 25 women, 21 went on to Supreme Court positions as law clerks.
Of those who went to the Supreme Court, 13 were hired by Chief Justice John Roberts Jr., but members of the court’s liberal wing also hired his former clerks. Justices Sonia Sotomayor and Elena Kagan each hired two of his clerks, while Justice Stephen Breyer hired one. Ginsburg hired none of them. I detect another trend.