As the country considers the connection between men’s sexual behavior and the judiciary, I thought it might be appropriate to trumpet last May’s appointment of Barbara D. Underwood as the First Woman Attorney General of the State of New York. The position became available when the previous Attorney General resigned after the exposure of his abusive treatment of women. This contrasts with Underwood, who has defended students and staff in federally-funded colleges and universities from sex discrimination. She also has argued in court to protect buffer zones around health clinics that provide abortion services.
A magna cum laude graduate of Radcliffe College, when its women were still segregated from Harvard College, she attended law school at Georgetown University. She then clerked for David L. Bazelon, Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, and Justice Thurgood Marshall, Associate Justice of the Supreme Court.
Yale Law School offered her a professorship in the 1970’s and she taught there for ten years. She also taught at Brooklyn Law School and at New York University School of Law. She left academia for the practical application of law, serving with three County District Attorneys in New York.
In 1997 U.S. Attorney General Janet Reno appointed her as Acting Solicitor General of the United States. This post is especially prestigious as the Solicitor General is the person who represents the United States government before the Supreme Court. Underwood was the First Woman in that position. In all there have been 56 appointments to the position of Solicitor General since the office was established in 1870. Its appointees include many luminaries: William Taft, appointed by Benjamin Harrison, became president of the United States; Thurgood Marshall, appointed by Lyndon Johnson (and the First African-American in the position) became a Justice of the Supreme Court; and Elena Kagan, appointed by Barak Obama, also became a Supreme Court Justice. (Kagan did not have an “acting” title as did Underwood, so she could also claim the title First Woman in the Solicitor General position.)
Underwood is 73 years old and promised not to run in the next election. She was approved by the state legislature almost unanimously. Her credentials are impeccable and she was praised on all sides, but I can’t help but wonder, in these contentious times, if her promise not to run was a large factor in her bipartisan approval.
When she leaves the position, there is a possibility she could be replaced by a woman. Three women have announced their candidacies; all are Democrats. They will face three men, all Republican. Whoever wins the position, it is almost inevitable that more women’s issues will intersect with the judiciary.