Judges & the Courts

Supreme Court of the United States

History in the Making

With Elena Kagan's confirmation as Associate Justice of the Supreme Court, three women will serve together on the highest court in the land for this first time in its 221 year history.

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Supreme Court and the Health Care Law

In a 5-4 decision, the Supreme Court upheld the health care law known as the Affordable Care Act (ACA).

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Statue of Justice

Reed v. Reed at 40

Learn more about the Reed v. Reed decision and the past and future of women's legal rights under the Equal Protection Clause.

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History in the Making
Health Care Law Challenge
Women and the Constitution

Highlights

Fact Sheet | The Vacancy Crisis in the Federal Judiciary: What's at Stake for Women

April 25, 2013

There are currently 82 vacancies on the federal district and appellate courts, a nearly 10 percent vacancy rate. This alarmingly high vacancy rate forces people around the country to wait for justice. 

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Fact Sheet | Women in the Federal Judiciary: Still A Long Way to Go

April 26, 2013

Over the past three decades, an increasing number of women have joined the legal profession.  Since 1992, women’s representation in law school classes has approached 50%. But the number of women in the federal judiciary has stagnated. It is of critical importance to increase the representation of women on the federal bench.

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Fact Sheet | Supreme Court Preview: 2012-2013 Term

October 1, 2012

This fact sheet previews important cases affecting women in the 2012-2013 Supreme Court Term.

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Fact Sheet | Hollingsworth v. Perry and United States v. Windsor: The Supreme Court Should Presume Laws Discriminating On the Basis of Sexual Orientation are Unconstitutional

March 25, 2013

This term, the Supreme Court will decide United States v. Windsor and Hollingsworth v. Perry. Windsor challenges Section 3 of the Defense of Marriage Act (“DOMA”), which prohibits the federal government from recognizing marriages between same-sex couples, and Hollingsworth challenges the constitutionality of California’s Proposition 8, a state constitutional amendment that revoked same-sex couples’ right to marry in that state.  This fact sheet explains why Section 3 of DOMA and Proposition 8 should be subjected to heightened scrutiny under the Constitution and struck down.

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More Resources

Fact Sheet | The Supreme Court: Why It Matters to Women

June 02, 2010

The Supreme Court’s decisions have a direct impact on the lives of women and their families across the country every day. The Supreme Court decides cases involving legal issues of critical importance to women, including whether they have a constitutional right to privacy; how effective federal anti-discrimination protections will be designed to apply at work and at school; how stringently the constitutional guarantee of equal protection will be enforced to ensure that the government does not discriminate on the basis of sex; the scope of Congress’ ability to enact health, safety and economic and social welfare legislation; and the extent to which individuals can enforce their rights in court.

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Fact Sheet | A Supreme Court that Respects Precedent, Impact of Law on People

June 01, 2010
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Fact Sheet | Justice Stevens’ Legacy for Women’s Legal Rights

April 15, 2010

 

During the nearly 35 years that Justice Stevens sat on the Supreme Court, he played a crucial role in ensuring that women have legal rights and protections that have enriched not only women’s lives but the fabric of our country. When Justice Stevens joined the Court in 1975, women faced blatant discrimination in all walks of life – state statutes gave married men the right to control marital property, public universities like the Virginia Military Institute excluded women as unfit, and women were eliminated from juries on the basis of gender. Justice Stevens’ tenure on the Court spanned many landmark decisions affecting critical legal rights for women, including protections against sex discrimination and sexual harassment at work and at school, important health and safety regulations, and fundamental constitutional rights to privacy and equal protection under law.

 

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Fact Sheet | The Supreme Court: Every Vote Counts

March 12, 2010

For three decades, the Supreme Court’s interpretations of constitutional principles and federal statutes have played a vital role in protecting the rights of women to privacy, to equal protection of the laws, to basic health and safety, and to freedom from discrimination in the workplace and in school. This fact sheet details the impact that the Suprem Court's decisions will have on women, emphasizing that each decision is an important one.

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Legal Briefs & Testimony | Amicus Brief: Fitzgerald v. Barnstable School Committee

August 29, 2009

In this brief, the National Women’s Law Center and the American Civil Liberties Union urged the Supreme Court to determine that the existence of a remedy for sex discrimination claims under Title IX did not displace the ability to enforce constitutional claims for sex discrimination through a suit under 42 U.S.C. § 1983.  In its 2009 opinion in Fitzgerald v. Barnstable School Committee, the Supreme Court agreed that a plaintiff alleging sex discrimination in public education can bring both Title IX and § 1983 claims.

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