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The Catalyst That Opened Courthouse Doors for Women on the Federal Bench

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The Catalyst That Opened Courthouse Doors for Women on the Federal Bench THE NINETEENTH AMENDMENT: THE CATALYST THAT OPENED COURTHOUSE DOORS FOR WOMEN ON THE FEDERAL BENCH JUDGE ANN CLAIRE WILLIAMS (RET.)† I was incredibly honored and blessed to serve as a federal judge for nearly thirty-three years, first on the United States District Court for the Northern District of Illinois and next on the United States Court of Appeals for the Seventh Circuit. The 100th anniversary of the Nineteenth Amendment is especially meaningful to me because it not only opened the voting booth to women, it opened the courthouse doors for women to become federal judges. No woman had served as a federal judge prior to the Nineteenth Amendment. Indeed, few women judges sat on any court before it was ratified. No woman had been elected judge before the Nineteenth Amendment passed, and there were certainly no Article III lifetime, presidentially appointed women federal judges. The Nineteenth Amendment changed that. As Judge Florence E. Allen later reflected, “With the winning of the vote women gained the right . to assume their part in public and professional life.”1 Allen embraced that right in full. In 1906, thirteen years before the passage of the Nineteenth Amendment, Allen was the music critic for the Cleveland Plain Dealer and a teacher at a school for girls.2 Never one to be idle, she also took graduate courses and obtained a Master of Arts degree in Political Science.3 A professor asked her, “Why don’t you study law?”, which she said “came like Copyright © 2020 Judge Ann Claire Williams. Edited by the Cornell Law Review. † Of Counsel at Jones Day, where she leads its efforts to advance the rule of law in Africa. Her confirmation to the United States District Court for the Northern District of Illinois in 1985 made her the first woman of color to serve as a district judge in the three-state Seventh Circuit. In 1999, she became the first and only judge of color to sit on the United States Court of Appeals for the Seventh Circuit. She was president of the Federal Judges Association from 1999–2001 and received the Devitt Award, the federal judiciary’s highest honor, in 2010. She thanks Erin McGinley, Of Counsel at Jones Day and her former permanent law clerk, for her invaluable assistance with this article. The views and opinions set forth herein are the personal views or opinions of the author; they do not necessarily reflect views or opinions of the law firm with which she is associated. 1. FLORENCE ELLINWOOD ALLEN, TO DO JUSTLY 150 (1965). 2. See id. at 22–23. 3. Id. at 23. 170 WOMEN & LAW a revelation[.]”4 That was the beginning of her dream to become a lawyer. But her hometown law school did not admit women, so Allen attended the University of Chicago Law School.5 She was then drawn to New York City by the opportunity to assist new immigrants with the New York League for Protection of Immigrants.6 She decided to complete her last two years of law school at New York University School of Law.7 Allen struggled to support herself during law school by lecturing on music at public schools and in libraries.8 She was only able to rent a gown for commencement exercises because her sister sent her $10.9 It was at graduation that Allen learned, to her “amazement,” that she had graduated second in the 1913 NYU School of Law class.10 Yet she received no offers from New York law firms.11 So she went back home to Cleveland, where she made $25 in her first month as a lawyer.12 As she said, “I had no clients. And I had no money. But I had great hopes[.]”13 Allen also had great hopes and dreams that women would soon have the right to vote. In the decade before the Nineteenth Amendment was ratified, Allen spent countless hours fighting for women’s suffrage.14 An amendment to the State Constitution of Ohio was proposed in 1910 that gave the full right to vote to women, and Ohio became a women’s suffrage battleground.15 Allen helped form a Campus Suffrage Club at Western Reserve University and, while in law school, served as assistant secretary to the prominent suffragist Maud Wood Park.16 Park encouraged Allen to travel throughout Ohio and to organize local counties.17 Travel and organize Allen did, lining up a schedule of ninety-two speeches in eighty-eight Ohio counties.18 She took advantage of every opportunity to speak, including in a circus tent and before and after a band 4. Id. 5. Id. at 23. 6. Id. at 24. 7. Id. at 25. 8. Id. at 25–26. 9. Id. at 28. 10. Id. 11. See Florence Ellinwood Allen, THE SUPREME COURT OF OHIO & THE OHIO JUDICIAL SYS., https://www.supremecourt.ohio.gov/SCO/formerjustices/bios/allen.asp [https://perma.cc/Y8VK-RS3N] (last visited Nov. 16, 2019). 12. The Career of a Woman Judge, CHRISTIAN SCI. MONITOR, Jan. 11, 1924, at 9. 13. Spinster Breadwinner Hailed as Heroine by Woman Judge, WASH. POST, Mar. 10, 1934, at 11. 14. See ALLEN, supra note 1, at 29–38. 15. See id. at 29–30. 16. See id. at 29, 31. 17. See id. at 32. 18. Id. THE NINETEENTH AMENDMENT 171 concert.19 Allen also performed significant legal work on behalf of women’s suffrage and displayed her fine advocacy skills when she convinced a train conductor to speed up a train so she could make it on time to an argument in the Supreme Court of Ohio.20 On August 18, 1920, the Nineteenth Amendment was ratified. Allen’s friends in the Woman Suffrage Party encouraged her to run for a judgeship.21 The primary had already been held, so she needed to get enough signatures to have her name placed on the ballot. Within two days, party members gathered 2,000 signatures.22 On November 6, 1920, in the first election in Ohio in which women could vote other than on local matters, and backed by all the Cleveland newspapers, Allen became the first woman elected to a court of general jurisdiction in the United States when she was elected to the Cuyahoga Court of Common Pleas.23 Three years later, she became the first woman in the United States elected to a state’s highest court when she was voted onto the Supreme Court of Ohio.24 The people she met throughout Ohio as she campaigned for women’s suffrage remembered her and even formed “Florence Allen Clubs” when she was running for Ohio Supreme Court justice.25 Allen’s “firsts” did not stop there. In 1934, President Franklin D. Roosevelt appointed her to the United States Court of Appeals for the Sixth Circuit, making her the first woman Article III federal judge.26 None of the other judges favored her appointment. One went to bed for two days when her appointment was announced.27 She believed that her insistence on sitting for argument the day after a fall which required the removal of one and a half teeth and bandages across her face, along with her diligent work, led her male colleagues to respect her.28 Later in her long and very distinguished career, she became the first woman to serve as Chief Judge of any federal district or appellate court and the first woman to serve on the United States Judicial Conference, the policy-making body of the federal judiciary.29 She became 19. Id. at 34. 20. Id. at 36. 21. Id. at 41. 22. Id. at 42. 23. Id. at 43–44. 24. Id. at 64, 70. 25. See id. at 67. 26. Id. at 94, 95. 27. Id. at 95. 28. Id. at 96–98. 29. See Florence Ellinwood Allen, NAT’L WOMEN’S HALL OF FAME, https://www.womenofthehall.org/inductee/florence-ellinwood-allen [https://perma.cc/T9RZ-TX4R] 172 WOMEN & LAW my inspiration each time I appeared before the U.S. Judicial Conference as Chair of the Court Administration and Case Management Committee. I am indebted to Florence Allen, who fought for women’s suffrage and opened the door for me and 447 other women, out of a total of 3,734 appointed in history, to serve as lifetime-tenured federal judges.30 Over fifty years ago, Allen wrote in her autobiography, “This battle for the rights of full citizenship is a matter of such ancient history that we are inclined to accept the privilege of the vote as if we had always had it, forgetting what we owe to the hard-working and courageous women who devoted their lives to this cause.”31 These words strike me as true regarding women on the bench as well. On the 100th anniversary of the Nineteenth Amendment, it is my privilege to pay tribute to Allen and some of the many hard-working and courageous women in the federal judiciary who were “firsts” in their courts and who personally impacted my life. Although lesser known than iconic, groundbreaking Supreme Court Justices and my friends Sandra Day O’Connor, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, these other extraordinary, hardworking, and courageous women judges opened doors in federal courthouses around the country so that they were not so heavy for judges like me to walk through. I am so grateful for the role that each played in my life. (select “Personal Characteristics and Background” and search by “Female” and “Both” under gender) (last visited Nov. 25, 2019). 30. Biographical Directory of Article III Federal Judges, 1789–Present, FEDERAL JUDGES ASS’N, https://www.fjc.gov/history/judges/search/advanced-search [https://perma.cc/6X57-SQ33] (last visited Nov.
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