Women Right to Wonder About High Court Advocacy, Prelogar Says

US Solicitor General Elizabeth Prelogar noted the “gross” gender disparity favoring men over women arguing before the Supreme Court, saying it would be reasonable for women to ask whether that’s even a career path open to them.

Appearing on Monday before the justices in a blockbuster appeal on the fate of race and university admissions, Prelogar injected gender inequality in an exchange with Justice Brett Kavanaugh over how to measure progress toward diversity.

Citing demographics as one example, she said generally wide gaps in the representation of certain groups can be harmful.

“This court is going to hear from 27 advocates in this sitting of the oral argument calendar and two are women even though women today are 50 percent or more of law school graduates,” she said. “And I think it would be reasonable for a woman to look at that and wonder, is that a path that’s open to me, to be a Supreme Court advocate?

“Are private clients willing to hire women to argue their Supreme Court cases? Prelogar asked. “When there’s that kind of gross disparity in representation, it can matter and it’s common sense.”

Prelogar, who argued twice on Monday, is one of the two women handling three cases at the court during its current two-week sitting. At 10%, that number falls below the typical gender breakdown, which fluctuates between 12% and 24%.