By Eric Nordby
Dear Colleagues,
As we reflect on the evolution of our federal courts and legal profession, I find myself increasingly focused on a transformation that touches every aspect of our practice: the changing face of our bench and bar. This shift isn’t just about statistics or meeting diversity goals—it’s about enriching our profession and strengthening the administration of justice in ways that benefit all practitioners and the clients we serve.
Recent data from the Administrative Office of the U.S. Courts shows significant progress in diversifying our federal judiciary, though much work remains. We’ve seen historic appointments that have brought new perspectives to the bench, including more women and people of color serving as Article III judges than ever before. These changes reflect not just deliberate efforts at inclusion, but also the natural evolution of our profession as law school demographics have shifted over the past several decades.
President Biden has transformed the federal judiciary at an unprecedented pace. By late 2024, the Senate had confirmed 235 of his Article III judicial nominees, including one Supreme Court Justice, 45 appellate court judges, 187 district court judges, and two judges for the Court of International Trade. This appointment rate surpassed that of all recent presidents, including his immediate predecessor. Biden achieved several historic milestones: he secured more judicial confirmations in his first year than any president since Ronald Reagan in 1981, appointed more federal judges in his first two years than any president since John F. Kennedy, and reached 200 confirmations by May 2024. Looking ahead, several additional nominations await Senate action, and there remain multiple vacancies to be filled across the federal judiciary.
The impact of these appointments is particularly notable in terms of demographic representation. Most of Biden’s appointed judges are women (about three quarters), or racial or ethnic minorities (approximately two-thirds), a first for any president. Here in our own Northern District of New York, appointments have included the Honorable Anne M. Nardacci, Anthony J. Brindisi, and Elizabeth C. Coombe to our federal bench.
Biden’s appointments include the first African American woman on the Supreme Court, the first LGBTQ+ woman to serve on any federal circuit court, and the first Native American woman to serve as a federal judge. These appointments have measurably changed the composition of the federal judiciary, creating a bench that better reflects the diversity of the legal profession and the country as a whole.
The more challenging conversation involves moving beyond numbers to understand how these changes are reshaping federal practice. In my conversations with colleagues across our district, I’ve heard countless stories about how diverse perspectives have enhanced the quality of legal arguments, improved client representation, and led to more nuanced judicial decision-making.
Consider, for instance, how diversity on the bench has enriched our circuit’s jurisprudence in cases involving complex cultural or societal issues. When panels bring varied life experiences to bear on legal questions, the resulting opinions often reflect a deeper understanding of how legal principles intersect with real-world circumstances. This enhancement of judicial decision-making serves all litigants, regardless of their background.
The changes in our bar have been equally significant. Looking around at recent court proceedings, I see legal teams that better reflect the diversity of our community. This shift brings practical advantages: diverse legal teams often spot issues that might otherwise be missed, develop more creative legal strategies, and connect more effectively with diverse clients and witnesses.
At the same tine, we must acknowledge that progress hasn’t been uniform. While entry-level positions in our profession show encouraging demographic trends, we see less diversity in senior positions, including in federal court practice. The challenges of retention and advancement remain significant, especially in specialized areas of federal practice like antitrust, securities, and complex commercial litigation.
Our Association has a crucial role to play in accelerating positive change. The Court’s mentorship program pairs experienced federal practitioners with newer lawyers including from underrepresented backgrounds. We also offer specialized CLE programs focused on federal practice skills, designed to help all practitioners develop the expertise needed for complex federal litigation. And our trial advocacy training helps young lawyers learn or hone those skills.
We also need to work to make our own Association’s leadership more representative of our membership. Only one-third of our 18-member board is comprised of women, and even fewer ethnic or racial minorities. While we’ve made good progress, we must continue to actively recruit diverse voices and examine our nomination processes to ensure they’re accessible to all qualified candidates. These efforts reflect our belief that the strongest bar associations, like the strongest legal teams, draw power from diverse perspectives and experiences.
Looking ahead, I’m optimistic about the future of federal practice. The increasing diversity of our bench and bar isn’t just changing whom we see in court—it’s enriching how we practice law. As more voices contribute to the development of federal law, we’re building a stronger, more dynamic legal system that better serves all participants.
I encourage each of you to consider how you can contribute to this positive transformation. Whether by mentoring a young lawyer, volunteering for bar association initiatives, or simply being mindful of inclusion in your daily practice, every member of our federal bar can help build a profession that draws strength from its diversity. As our bench and bar continue to evolve, we’re expanding that breadth of perspective in ways that strengthen our entire profession.
Let’s continue this important conversation. I welcome your thoughts and ideas about how our Association can better support the development of a federal bench and bar that reflects the full range of talent in our profession.
Sincerely,
Eric C. Nordby
President, Federal Court Bar Association