The Appointment of Hispanic U.S. Circuit and District Court Judges: Historical Overview and Analysis

The Appointment of Hispanic U.S. Circuit and District Court Judges: Historical Overview and Analysis

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INSIGHTi

The Appointment of Hispanic U.S. Circuit and
District Court Judges: Historical Overview
and Analysis
September 29, 2023
This Insight provides historical and statistical information related to the appointment of Hispanic U.S.
circuit and district court judges. For the purposes of this Insight, the term Hispanic refers to individuals of
Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin regardless
of race. The data provided below are current through September 15, 2023, and also include biracial or
multiracial appointees who identify, in part, as Hispanic.
The first Hispanic district court judge was Reynaldo Garza, appointed by President Kennedy in 1961 to
the Southern District of Texas (comprised of Houston, Corpus Christi, and other areas in southern and
southeastern Texas). Judge Garza was also the first Hispanic circuit court judge, appointed by President
Carter in 1979 to the Fifth Circuit (which at the time was comprised of Alabama, Georgia, Florida,
Louisiana, Mississippi, and Texas).
The first Hispanic woman appointed as a district court judge was Carmen Consuelo Cerezo, appointed by
President Carter in 1980 to the District of Puerto Rico. The first Hispanic woman appointed as a circuit
court judge was Kim McLane Wardlaw, appointed by President Clinton in 1998 to the Ninth Circuit
(comprised of California, eight other western states, and two U.S. territories).
U.S. Circuit Court Judges
From Judge Garza’s appointment in 1979 through September 15, 2023, there have been a total of 26
Hispanic appointees to circuit court judgeships. Of the 26, 19 (73%) have been men and 7 (27%) have
been women.
As of September 15, 2023, 14 (8%) of 172 active circuit court judges are Hispanic (of whom 8 are men
and 6 are women). As of the same date, of the 19 Hispanic men ever appointed as a circuit court judge, 8
(42%) were serving as an active judge; in contrast, of the 7 Hispanic women ever appointed as a circuit
court judge, 6 (86%) were serving as an active judge.
Figure 1 shows the total number of Hispanic circuit court judges appointed by presidency, as well as a
breakdown by gender of Hispanic circuit court appointees during each presidency. Overall, Presidents
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Clinton and Obama appointed the greatest number of Hispanic circuit court judges (each appointing six).
Presidents Clinton and Obama also appointed the greatest number of Hispanic female judges (each with
two). As of September 15, 2023, President Biden has appointed five Hispanic circuit court judges—
including Bradley Garcia, the first Hispanic appointee to the D.C. Circuit.
Figure 1. Appointment of Hispanic U.S. Circuit Court Judges
7/13/1979 to 9/15/2023

Source: Compilation of publicly available data by the Congressional Research Service.
Among Republican administrations, President Reagan appointed the first Hispanic circuit court judge
(Juan Torruella to the First Circuit). Overall, among Republican administrations, President George W.
Bush appointed the greatest number of Hispanic circuit court judges (three)—including the first Hispanic
female appointee by a Republican president (Consuelo Maria Callahan to the Ninth Circuit).
Figure 1 also shows the total number of Hispanic circuit court judges appointed, from 1979 through
September 15, 2023, to each judicial circuit. The greatest number of Hispanic circuit court judges have
been confirmed to the Ninth Circuit (nine appointees). The second-greatest number of Hispanic judges
have been confirmed to the Fifth Circuit. No Hispanic judges have been appointed to the Sixth, Seventh,
or Eighth Circuits.
U.S. District Court Judges
From Judge Garza’s appointment in 1961 through September 15, 2023, there have been a total of 149
Hispanic appointees to district court judgeships. Of the 149, 103 (69%) have been men and 46 (31%)
have been women.

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As of September 15, 2023, 69 (11%) of 615 active district court judges are Hispanic (of whom 38 are men
and 31 are women). As of the same date, of the 103 Hispanic men ever appointed as a district court judge,
38 (37%) were serving as an active judge; in contrast, of the 46 Hispanic women ever appointed as a
district court judge, 31 (67%) were serving as an active judge.
Figure 2. Appointment of Hispanic U.S. District Court Judges
4/14/1961 to 9/15/2023

Source: Compilation of publicly available data by the Congressional Research Service.
Figure 2 shows the total number of Hispanic district court judges appointed by presidency, as well as a
breakdown by gender of Hispanic district court appointees during each presidency. Overall, President
Obama appointed the greatest number of Hispanic district court judges (30), while President George W.
Bush appointed the second-greatest number (27). Of the 11 past presidencies included in the figure,
President George W. Bush also appointed the greatest number of Hispanic women to district court
judgeships (11).
As of September 15, 2023, President Biden has appointed the third-greatest number of Hispanic district
court judges (with a total of 22). Of all the presidencies included in Table 2, President Biden is the only
President for whom more than half of his Hispanic district court appointees have been women—
specifically, 14 (64%) of 22 appointees.

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Among Republican administrations, President Nixon appointed the first Hispanic district court judge
(Jose Toledo to the District of Puerto Rico) and President Reagan appointed the first Hispanic female
district court judge (Lenore Carrero Nesbitt to the Southern District of Florida).
Figure 2 also shows the total number of Hispanic district court judges appointed, from 1961 through
September 15, 2023, to each judicial district. The greatest number of Hispanic district court judges have
been confirmed to the District of Puerto Rico (25 appointees), followed by the Southern District of Texas
(13).
At present, 58 (64%) of 91 district courts (excluding territorial courts) have never had an Hispanic person
appointed to a judgeship—including none of the district courts located within the Fourth and Eighth
Circuits. Of the 12 regional circuits, the Eighth Circuit is the sole circuit that, as of this writing, has not
had at least one Hispanic circuit or district court appointee.

Author Information

Barry J. McMillion

Analyst in American National Government

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
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