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State of diversity on the courts

Sonia Sotomayor’s nomination draws focus to the gains of minority and female judges nationwide.

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Supreme Court nominee Sonia Sotomayor testifies before before the Senate Judiciary Committee on July 15, 2009. If confirmed, Sotomayor would be the third woman and the first Latina to serve on the Supreme Court.

Charles Dharapak/AP/File

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With President Obama's nomination of Sonia Sotomayor to the US Supreme Court came renewed attention to diversity on the bench. If confirmed by the Senate, Judge Sotomayor would be the third woman and the first Latina to serve on America's highest court.

But is Sotomayor's nomination indicative of a broad trend toward more diverse state and federal courts? Yes and no.

What is the history of diversity in state courts?

Beginning with the appointment of an African-American to the South Carolina Supreme Court in 1870, it's been a long, slow road for racial and gender inclusion in the courts. In fact, after Reconstruction, there wasn't another African-American state supreme court justice until 1975. The first woman to serve as a chief justice was seated only a decade earlier, in 1965.

Are women making gains?

The answer "depends [on] where you put your starting line," says Ciara Torres-Spelliscy of the Brennan Center for Justice and coauthor of a 10-state study of diversity in state courts. "We've gone from a period where we had almost zero women and zero minorities to a lot of diversity – compared to zero."

Women make up about half of the US population, but only 1 in 5 federal judges is a woman. Among state supreme court justices, the ratio is higher: almost 1 in 3.

Still, progress is uneven: Indiana and Idaho currently have no female Supreme Court justices.

And minorities?

Minorities remain underrepresented on the bench compared with their national population. Whites make up 84 percent of the federal judiciary; African-Americans make up 8 percent of the federal judiciary, though they are nearly 13 percent of the US population.

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