# Kavanaugh Hires Female Clerks

**URL:** <https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [October 9, 2018, 5:30pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710 "2018-10-09T17:30:59Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [October 9, 2018, 8:04pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/21 "2018-10-09T20:04:20Z")

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> [@Jackmannii](#):
>
> I saw what you did there.

I really didn’t, and I was not trying to imply that the clerks that worked for him were selected with disregard for their legal skills. As an associate justice, Kavanaugh should be able to hire whomever he believes most qualified, and quickly staffing up an office means turning to people with whom he has previously worked. There is no particular indication he picked these clerks for unseemly reasons, or alternatively to counter criticism related to the allegations that were levied against him, and while the o.p. was clearly just seeking to vent her understandable frustration, I don’t think it is fruitful to focus on this versus the larger issue of how aggressively and abnormally the confirmation was jammed through despite significant concerns about Kavanaugh’s integrity and temperament to be on the court.

Stranger

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [October 9, 2018, 8:15pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/22 "2018-10-09T20:15:42Z")

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**Stranger** , the clerks were hired provisionally by him after his nomination but before the hearings. Until he got confirmed they were loaned out to other justices.  
The reason they touted his work alongside women is obvious if you read the articles from before the hearings, since he has been nominated by Donald “living breathing sexual harassment claim” Trump and the question of _Roe_ was likely to come up, they wanted to conter allegations of misogyny.  
In retrospect it’s clear they had no inkling of the sexual assault allegations, since if they had, I doubt they would have made as much noise as they did.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [October 9, 2018, 8:19pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/23 "2018-10-09T20:19:51Z")

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He said in the hearings that he was going to do this, and if he hadn’t, he would presumably face criticism for not following through. There has never been any allegation of impropriety toward his clerks, as far as I’ve heard.

They are all highly credentialed, but note too that one of his clerks is African-American, bringing some much-needed diversity to an overwhelmingly white community of law clerks. My recollection is that Kavanaugh has a good hiring record in that regard as well.

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [October 9, 2018, 8:48pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/24 "2018-10-09T20:48:24Z")

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And if Democrats controlling the House after the upcoming election try to impeach Kavanaugh, they’ll be threatening the prestigious jobs of women clerking for him.

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**Author:** ![AngelSoft](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/angelsoft/32/440_2.png) [@AngelSoft](https://boards.straightdope.com/u/AngelSoft)\
**Post date:** [October 9, 2018, 9:32pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/25 "2018-10-09T21:32:53Z")

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> [@Jackmannii](#):
>
> And if Democrats controlling the House after the upcoming election try to impeach Kavanaugh, they’ll be threatening the prestigious jobs of women clerking for him.

Yeah well, given what’s at stake with him staying in the position, I would hope that any woman in her right mind would take one for the team on that.

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**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\
**Post date:** [October 10, 2018, 5:10pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/26 "2018-10-10T17:10:34Z")

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> [@AngelSoft](#):
>
> I honestly don’t care who he hires.

Actually, I think you do.

> [@Jackmannii](#):
>
> According to [the N.Y. Times](https://www.nytimes.com/2018/10/09/us/politics/kavanaugh-women-law-clerks.html):
> 
> _“During his 12 years at the United States Court of Appeals for the District of Columbia Circuit, the majority of Justice Kavanaugh’s law clerks were women — 25 of 48 — and during his confirmation hearings he testified that he graduated more of them to clerkships at the Supreme Court than any other federal judge.”_

25 of 48 is a pretty skinny majority.

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**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\
**Post date:** [October 10, 2018, 5:15pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/27 "2018-10-10T17:15:07Z")

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> [@filmore](#):
>
> It’d be nice if he just hired the best clerks for the job regardless of their gender, race, or anything else.

Agreed.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 10, 2018, 5:19pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/28 "2018-10-10T17:19:06Z")

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> [@Jackmannii](#):
>
> According to [the N.Y. Times](https://www.nytimes.com/2018/10/09/us/politics/kavanaugh-women-law-clerks.html):
> 
> \*“During his 12 years at the United States Court of Appeals for the District of Columbia Circuit, the majority of Justice Kavanaugh’s law clerks were women — 25 of 48 — and during his confirmation hearings he testified that he graduated more of them to clerkships at the Supreme Court than any other federal judge.”\*I saw what you did there.

“Majority.” 52%. I think we can round it off to say he hired an equal number of men and women.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [October 10, 2018, 6:21pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/29 "2018-10-10T18:21:51Z")

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[From 1994 to 1998](https://www.nalp.org/clrktb1_8#06), the percentage of women in federal court clerk positions was consistently slightly in favor of men but more balanced than you might guess. I have not found figures later than that but the most lopsided year had 56% men/44% women. Getting that to 50/50 is not exactly an accomplishment of historic proportions.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [October 10, 2018, 6:50pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/30 "2018-10-10T18:50:35Z")

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> [@filmore](#):
>
> It’d be nice if he just hired the best clerks for the job regardless of their gender, race, or anything else.

It’s hard to draw meaningful distinctions among the qualifications of the individuals within the talent pool, though, since they all come from the best schools and have worked for the smartest lower-court judges. I expect that all of the Justices would say that they have been hiring the best people available, but this has always meant in practice that the clerks who are chosen wind up being [mostly male and overwhelmingly white](https://slate.com/news-and-politics/2018/04/the-supreme-court-is-terrible-at-hiring-diverse-law-clerks-but-neil-gorsuch-is-surprisingly-good-at-it.html). (Supreme Court clerkships have been much less diverse than the lower court clerkships cited upthread). Hiring all four female clerks is certainly something of a stunt, but change in this corner of the world is likely to require conscious commitment.

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**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\
**Post date:** [October 10, 2018, 8:28pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/31 "2018-10-10T20:28:14Z")

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> [@Jackmannii](#):
>
> I saw what you did there.

I saw what you saw there, even had me a little giggle about it. Then I saw it was Stranger and, well, he’s to serious to do that there. All of which is actually germane to the thread. Seeing _something_ and making ungenerous assumptions about the motivations. Not _unfounded_, necessarily. Just ungenerous.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [October 10, 2018, 8:40pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/32 "2018-10-10T20:40:34Z")

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> [@CookingWithGas](#):
>
> [From 1994 to 1998](https://www.nalp.org/clrktb1_8#06), the percentage of women in federal court clerk positions was consistently slightly in favor of men but more balanced than you might guess. I have not found figures later than that but the most lopsided year had 56% men/44% women. Getting that to 50/50 is not exactly an accomplishment of historic proportions.

That surprises me. Although that’s still relatively recent if I had to guess I would have said it was more male dominated.

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**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\
**Post date:** [October 10, 2018, 9:14pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/33 "2018-10-10T21:14:46Z")

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Kavanaugh’s former clerks have gone on to very successful careers. He deserves credit for hiring and mentoring a wide range of young men and women.

Brett’s mother, a former prosecutor and Maryland trial judge obviously served as a powerful role model. He’s mentioned her in interviews several times.

> **[Martha Kavanaugh, Brett Kavanaugh's Mother: 5 Fast Facts You Need to Know](https://heavy.com/news/2018/09/martha-kavanaugh-brett-mother-mom/)**
>
> Martha Kavanaugh, the mother of Brett Kavanaugh, was a judge.

> **[Kavanaugh's Clerk Hires: Inside the Diverse, Ivy-Heavy Group of 48 | National...](https://www.law.com/nationallawjournal/2018/07/26/kavanaughs-clerk-hires-inside-the-diverse-ivy-heavy-group-of-48/?slreturn=20240404234623)**
>
> The National Law Journal collected available data on Brett Kavanaugh’s 48 clerks. Here are some of the findings on diversity, law schools and Supreme Court clerkships.

> [@](#):
>
> “From the moment you are hired, you are part of his clerk family,” Martinez said. And for Kavanaugh that means thinking about what the clerk’s next stop will be and how to get there. Kavanaugh will help with the application and making recommendations. ”He’s very good at advising and supporting the people who have worked hard for him.” Martinez went on to clerk for Roberts.

> [@](#):
>
> Life after Brett: Where Kavanaugh’s clerks went.&nbsp;Former Kavanaugh clerks have found homes in government, academia, law firms and business. The largest group—15—went into government positions. There are six assistant U.S. attorneys and one U.S. attorney: John Bash in the Western District of Texas. One prosecutor, Candice Wong, is on detail at the White House to help assist in Kavanaugh’s confirmation.
> 
> Twelve former clerks joined law firms, either as partners or associates. Those firms include Gibson Dunn;&nbsp;Wilmer Cutler Pickering Hale and Dorr;&nbsp;Jenner & Block;&nbsp;Jones Day;&nbsp;Williams & Connolly; Keller Lenkner; Latham & Watkins;&nbsp;Hogan Lovells;&nbsp;Skadden, Arps, Slate, Meagher & Flom, and Holwell Shuster & Goldberg.
> 
> There are three law professors: Justin Walker of the University of Louisville Brandeis School of Law; Jennifer Mascott of the George Mason University Antonin Scalia Law School; and Richard Re of the UCLA School of Law.

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**Author:** ![BlankSlate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/blankslate/32/80_2.png) [@BlankSlate](https://boards.straightdope.com/u/BlankSlate)\
**Post date:** [October 11, 2018, 1:56am UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/34 "2018-10-11T01:56:39Z")

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Kavanaugh staying sober and not raping any of his clerks = progress!

God Bless America.

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**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\
**Post date:** [October 11, 2018, 2:51am UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/35 "2018-10-11T02:51:43Z")

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> [@CookingWithGas](#):
>
> I’d be more comfortable with it if he just did it instead of making an announcement about how great he is for doing it.

Well yeah. That’s the kind of “look mommy I made poopoo” that’s ok in a 2.5yo.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [October 11, 2018, 3:01am UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/36 "2018-10-11T03:01:10Z")

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> [@aceplace57](#):
>
> Kavanaugh’s former clerks have gone on to very successful careers. He deserves credit for hiring and mentoring a wide range of young men and women.

Keep in mind that prior to his elevation to the Supreme Court, Kavanaugh was on the Court of Appeals for the District of Columbia Circuit. It’s not as if he was a manager at McDonald’s mentoring fry cooks. These were top graduates of top law schools. It would be more surprising if many of them _didn’t_ do well after their clerkships.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [October 11, 2018, 3:25am UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/37 "2018-10-11T03:25:28Z")

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The advocacy group [Fix The Court](https://fixthecourt.com) set up a page on the domain name [brettkavanaugh.com](https://www.brettkavanaugh.com) (which according to Vice News it purchased three years ago) set up a page titled “We Believe Survivors” which provides references of victims of sexual assault. Hopefully that provides the o.p. with some sense of schadenfreude.

Now that’s a legendary troll. Ginsberg is going to have a hard time topping that one [despite her well-known burning insults](https://www.youtube.com/watch?v=aY8A2cpK6tg).

Stranger

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**Author:** ![rowrrbazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rowrrbazzle/32/414_2.png) [@rowrrbazzle](https://boards.straightdope.com/u/rowrrbazzle)\
**Post date:** [October 11, 2018, 4:16am UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/38 "2018-10-11T04:16:53Z")

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> [@filmore](#):
>
> It’d be nice if he just hired the best clerks for the job regardless of their gender, race, or anything else. By just hiring women, he’s trying to imply it’s his own affirmative action program, but it comes off as creepy. I think the underlying reason is he likes the feeling of being surrounded by women. I also wonder if he feels threatened by men and would feel uncomfortable telling them what to do.

And if the clerks happened to be all men, or all white men, you’d say that was sexist/racist. And how do you know they are NOT the best candidates? Not because of any sexism **you** might have, surely.

> [@Procrustus](#):
>
> That’s what happens when a person has lost all credibility. They no longer enjoy the benefit of the doubt. Sucks to be a lying scumbag, but that’s what we have.

In **your** opinion.

> [@Nava](#):
>
> Well yeah. That’s the kind of “look mommy I made poopoo” that’s ok in a 2.5yo.

So is your comment.

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [October 11, 2018, 6:16pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/39 "2018-10-11T18:16:18Z")

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I’m shocked, SHOCKED that Democrats and Hillary-worshippers are whining about everything Kavanaugh does, or doesn’t do.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [October 11, 2018, 6:32pm UTC](https://boards.straightdope.com/t/kavanaugh-hires-female-clerks/822710/40 "2018-10-11T18:32:15Z")

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> [@doorhinge](#):
>
> I’m shocked, SHOCKED that Democrats and Hillary-worshippers are whining about everything Kavanaugh does, or doesn’t do.

This may surprise you, but we’re not pissed off that Hillary lost the last election, we’re pissed off about who won it.

I’ve never met a “Hillary worshiper.”

The meme that we’re just upset that Hillary was denied “her turn” is a right wing invention.

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