DC Circuit Bests Supreme Court for Women Advocate Arguments

Female advocates argued 28% of the cases before the US Court of Appeals for the District of Columbia Circuit last term, edging out the proportion appearing at the Supreme Court.

An analysis released Monday by Fix the Court, which advocates for judiciary transparency, found female advocates accounted for 129 of the 456 arguments from last September to May at what’s considered the second most powerful court.

Women were less likely to argue at the Supreme Court, with female advocates arguing before the justices 24% of the time—or 38 of 162 total arguments during the 2021 term, according to a Bloomberg Law analysis.

Though the gender balance is better at the DC Circuit than at the high court, the numbers should still serve as a wake up call to the legal profession about the lack of opportunities for women at the DC Circuit, said Gabe Roth, executive director of Fix the Court.

“It’s a little bit pathetic,” he said.

The organization also found that government entities were more likely to send women to argue before the DC Circuit than law firms and other private organizations.

Women in government argued 37% of the time among all arguments made by government attorneys. Female lawyers in private practice argued 24% of the time among all private practice arguments, according to Fix the Court.

Anna Mohan, an attorney with the Justice Department’s Civil Division appellate staff, was the most frequent female advocate with three DC Circuit appearances, according to Fix the Court. Eight male attorneys appeared at the court three or four times.