Amy K. Matsui, Senior Counsel and Director of Women and the Courts

We’ve said it before, and we’ll say it again: President Obama has made significant steps towards increasing the diversity of the federal judiciary in a number of important ways. 41% of Obama’s confirmed judges have been women — raising the number of total female active federal judges to approximately 30% overall. At the end of President Obama’s first term alone, there have been more female, black, Hispanic, and openly gay federal judges than confirmed during President George W. Bush’s two terms.

This brings us to the recent nomination of the Jane Kelly, who, if confirmed, would be the second-ever woman to serve on the Eighth Circuit Court of Appeals. An article this morning that described one case recently decided by the Eighth Circuit is illustrative of how diversity matters to outcomes of actual cases that are decided and women contribute to the quality of justice. The article quotes the Executive Director of the Infinity Project, who describes the case of Shawanna Nelson, an Arkansas prisoner who filed a lawsuit over being shackled to a hospital bed while in labor.

Tuesday, two more federal district court judges, John Dowdell (Northern District of Oklahoma) and Jesus Bernal (Central District of California) were confirmed by the Senate. This follows on the heels of confirmation votes on four district court judges last week, and, potentially one or more votes this afternoon. Although some commentators have characterized these votes as progress, which I suppose it would be as a relative matter, it's important not to forget the Senate minority's blockade of confirmation votes in the months preceding the election: for example, Senate Minority Leader McConnell announced in mid-June that no more circuit court nominees would receive a vote until after the elections, and backed it up with a filibuster of the nominee to an Oklahoma seat on the 10th circuit in July. Further, Senate Republicans only allowed votes on three district court nominees in September. And it's not as though the votes were coming fast and furious before June.