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November 18, 2024 Profile of the Legal Profession 2024

Judges

There were 1,457 sitting federal judges in the United States as of Aug. 1, 2024, and they were overwhelmingly male (67%) and white (74%). But the diversity of the federal bench is changing – especially in recent years, according to the Federal Judicial Center.

From Jan. 1, 2021, to Aug. 1, 2024, the Senate confirmed 200 new federal judges nominated by President Joe Biden. Only 28 (14% of new federal judges) were white men. The remaining 172 (86%) were female, Black, Hispanic, Asian American, Native American or lawyers of mixed race or ethnicity.

As a result, the percentage of Blacks on the federal bench rose from 9.5% in 2020 to 11.8% as of Aug. 1, 2024. Overall, 172 federal judges identified as Black and another 12 identified as partially Black. The first African American federal judge took office in 1945.

Meanwhile, 7.5% of federal judges in 2024 were Hispanic – up one percentage point from 6.5% in 2020. Overall, 110 federal judges identified as Hispanic and another 12 identified as partially Hispanic. The first Hispanic federal judge took office in 1961.

The share of Asian Americans in the federal judiciary rose more than one percentage point – from 2.6% in 2020 to 4.2% in 2024. Overall, 61 federal judges were Asian American and 11 others identified as partially Asian American in 2024. Also, one judge identified as Chaldean and one as Pakistani. The first Asian American federal judge was appointed in 1971.

Five federal judges identified as Native American in 2024. Two others identify as partially Native American. Those six judges represent just four-tenths of 1% of all federal judges. Nationally, roughly 3% of the U.S. population claims Native American heritage, according to the Census Bureau. The first Native American federal judge took office in 1979.

Many women also joined the federal bench from 2021 to 2024. Just over one-quarter of all federal judges (27%) were female in 2020. As of Aug. 1, 2024, one-third (33%) were female. The first female federal judge was appointed in 1928.

Fast facts:

  • The racial composition of the federal bench has changed gradually over the past four decades. In 1980, 91% of all federal judges were white. In 2024, that percentage was 74%.
  • The gender makeup of the federal bench has changed more substantially. In 1980, 5% of all federal judges were women. In 2024, it was 33%.

Source: Federal Judicial Center

  Number Percentage
White 75 37.5%
Black 52 26.0%
Hispanic 29 14.5%
Asian American 26 13.0%
Native American 3 1.5%
Mixed Race or Other 15 7.5%
Total 200  

Source: Federal Judicial Center

Sitting Article III federal judges by race and ethnicity: 2024

Sitting Article III federal judges by race and ethnicity: 2024

As of Aug. 1, 2024

Source: Federal Judicial Center

Federal judges by race

Federal judges by race

As of Aug. 1, 2024

Source: Federal Judicial CenterU.S. Census Bureau

Male vs. Female Confirmed Judges Nominated by Biden

Male vs. Female Confirmed Judges Nominated by Biden

As of Aug. 1, 2024

Sitting Article III federal judges by gender: 2024

Sitting Article III federal judges by gender: 2024

As of Aug. 1, 2024

Source: Federal Judicial Center

Federal judges by gender, race and ethnicity

Are women and lawyers of color underrepresented on the federal bench? The question has more than one answer.

Compared to the U.S. population, lawyers of color are underrepresented, particularly Hispanics. For example, 7.5% of all federal judges were Hispanic as of Aug. 1, 2024 – less than half the percentage of Hispanics in the U.S. population (19.5%).

Blacks and Asian Americans are also underrepresented compared to the U.S. population, but the difference is not as great. For example, 11.8% of federal judges were Black as of Aug. 1, 2024, compared to 13.7% of the population. Similarly, 4.2% of federal judges were Asian American, compared with 6.4% of the population.

But compared to the pool of U.S. lawyers, from which all judges are drawn, lawyers of color are not underrepresented. For example, 7.5% of federal judges were Hispanic, but only 6% of all lawyers are Hispanic. Similarly, 11.8% of federal judges were Black, compared with 5% of all lawyers. And 4.2% of federal judges were Asian American, compared with 7% of all U.S. lawyers.

Women are also underrepresented on the federal bench compared with their share of the U.S. population, but the gap is not nearly as wide compared with their share of the lawyer population. Of all federal judges, 33.2% were women on Aug. 1, 2024, compared with 50.5% of the U.S. population and 41.2% of the lawyer population.

Sources: Federal Judicial Center, ABA National Lawyer Population Survey, U.S. Census Bureau

Federal judges by race compared to population.

Federal judges by race compared to population.

As of Aug. 1, 2024

Source: Federal Judicial CenterU.S. Census Bureau

Federal judges appointed by recent presidents

The federal judiciary has become increasingly diverse over time, but the changes aren’t constant. Diversity varies year by year, depending on the president and who controls the Senate.

Among recent presidents, Democrats have appointed many more women and judges of color than Republicans, according to the Federal Judicial Center, the research and education arm of the federal courts.

As of Aug. 1, 2024, the Senate had confirmed 200 judicial nominees by President Joe Biden. Nearly two-thirds (63%) were women. Among other recent presidents, only Barack Obama (42%) can say that nearly half of his appointments were women. When it comes to appointing female judges, the other recent presidents are, in order: Bill Clinton (28%), Donald Trump (24%), George W. Bush (22%), George H.W. Bush (19%) and Jimmy Carter (16%). Despite the fact that Ronald Reagan appointed the first female Supreme Court justice in 1981 (Sandra Day O’Connor), only 8% of his judicial appointments were female.

Republicans also were less likely to appoint judges of color. Among the eight most recent presidents, judicial appointments by all four Republicans were more than 80% white: Reagan 94%, George H.W. Bush 90%, Trump 84% and George W. Bush 81%.

As of Aug. 1, 2024, Biden has been the most likely to appoint Black judges (26% of his confirmed nominees), Hispanic judges (15%) and Asian American judges (13%) among the eight most recent presidents.

While much was made of the large number of judges appointed by Trump (229), he actually appointed fewer than another recent one-term president, Carter (261), but more than one-termer George H.W. Bush (188). Recent two-term presidents all appointed more than 300 judges each. In order, they are: Clinton (372), Reagan (364), George W. Bush (324) and Obama (324).

Source: Federal Judicial Center

Federal judges by gender by presidential appointment: Carter to Biden (as of Aug. 1, 2024)

  Male % Male Female % Female Total
Carter 220 84.3% 41 15.7% 261
Reagan 334 91.8% 30 8.2% 364
GHW Bush 152 80.9% 36 19.1% 188
Clinton 266 71.5% 106 28.5% 372
GW Bush 253 78.1% 71 21.9% 324
Obama 188 58.0% 136 42.0% 324
Trump 174 76.0% 55 24.0% 229
Biden 74 37.0% 126 63.0% 200

Source: Federal Judicial Center

Federal Judges by Race and Ethnicity by Presidential Appointment: Carter to Biden (as of Aug. 1, 2024)

  White Black Hispanic Asian American
Carter 78% 14% 6% 1%
Reagan 94% 2% 4% 1%
GHW Bush 90% 6% 4% 0%
Clinton 76% 16% 6% 1%
GW Bush 81% 7% 9% 1%
Obama 64% 19% 11% 7%
Trump 84% 5% 5% 6%
Biden 38% 26% 15% 13%

Source: Federal Judicial Center

Diversity in the states’ highest courts

Justices on the top courts of the 50 states are not representative of the nation’s population by gender, race and ethnicity, according to a 2024 study by the Brennan Center for Justice at New York University.

Across all state high courts, 20% percent of justices were people of color, as of May 2024, when the study was released. By contrast, people of color are 42% of the U.S. population. Also, 57% of all justices were men, compared to 49% of the U.S. population.

The study found 18 states had no justices of color on their highest courts. In one state, Alaska, nearly half the population (42%) is nonwhite, but all five justices were white. In Alabama, more than a third of the population (37%) is nonwhite, but all nine justices were white.

In one state – South Carolina – there were no women among the five justices at the time of the study, but that changed when Letitia Verdin joined the court in July 2024. In Mississippi, there was only one woman among nine justices.

There were no Native American justices in four of the five states with the largest populations of Native Americans per capita: Alaska, Montana, New Mexico and South Dakota.

Also, two of the five states with the largest Asian American populations per capita had no Asian Americans on their highest courts: New Jersey and New York.

Over the past year (May 2023 to May 2024), 21 new justices joined their state’s highest courts. Two-thirds (15) were women and three-quarters (16) were white.

Source: Brennan Center for Justice State Supreme Court Diversity – May 2024

Justices of color on highest state courts: 2024
(As of May 2024)
U.S. population of color 42%
Justices of color 20%

Sources: Brennan Center for Justice, State Supreme Court Diversity - May 2024 UpdateU.S. Census Bureau


Female justices on highest state courts: 2024
(As of May 2024)
Female U.S. population 51%
Female justices 43%
States with all-white high courts: 2024
(% is non-white population of state)
(as ofMay 2024)
Alaska 42%
Alabama 37%
Arkansas 31%
Tennessee 29%
Kansas 28%
Pennsylvania 27%
Indiana 25%
Utah 25%
Nebraska 24%
Idaho 21%
Wisconsin 21%
South Dakota 20%
Kentucky 19%
North Dakota 18%
Montana 17%
New Hampshire 13%
West Virginia 11%