The Role of Judge Gender and Ideology in Hiring Female Law Clerks

Federal law clerks play a vital role in the development and implementation of the law. Yet, women remain underrepresented in these positions. We suggest that one reason for this underrepresentation may be differences in hiring practices among judges in the federal judiciary. Specifically, we hypothesize that male judges and conservative judges may be less likely to hire female law clerks than female judges and liberal judges for two reasons. First, gendered attitudes held by judges may make some judges prone to hire women and/or others more resistant to these hires. Second, due to ideological asymmetries between the law clerk pool and judges in the federal judiciary, conservative judges and male judges may be less likely to hire women law clerks. Using data on clerks hired in the federal judiciary between 1995 and 2005, we find support for both mechanisms. 1