At least according to this National Law Journal article, which considers the 50% decrease in the number of female clerks this year as opposed to last, and notes :
Discrimination might explain why women do not constitute a larger share of the clerks [7 out of 37 new hires were female], but it is hard to imagine that those justices who used to hire women but did not this year suddenly turned against women. The dramatic change calls for some other explanation.
The authors conclude it was “a random variation in the applicant pool.” They do not address the larger issues related to why at least half of all law students are female but half of the Supreme Court Clerks are not.
Via the Leiter Law School Reports.
