Coming to you fast is the final chapter in the story of Judge Florence Allen – including how she became . . .

✴️ The First Woman Appointed to an Article III Court and even shortlisted for the Supreme Court in the 1930s! ✴️

Part II of our epic ⚖️🧵 commences now . . .
So when we last left our heroine, Florence Allen had broken a whole lot of glass ceilings. 🔨

After becoming the 🥇 woman in the country to be elected to a court of general jurisdiction (the court of common pleas) . . .

she became the 🥇 woman elected to a State Supreme Court!
Florence served on the Supreme Court of Ohio for 11 years, earning a reputation for being a stellar jurist.🌟

As one commentator put it, Florence was "entitled to prominence" not because she was the 1st woman but "rather because of her unusually clear and up-to-date thinking.”👩‍⚖️
Now lest we think Florence’s life was completely charmed, our gal ran for the Senate in 1926 only to see the Democrats nominate one of her opponents. ☹️

Florence, never one to be deterred, responded by running as an independent . . . but sadly she still did not win the day. 😢
Still wanting a place in the political arena, 4 years later she ran for a seat in the House. (Not that 🏠)

And she had the support of Dems this time around. 😃

But . . . she still did not win. As RBG later wrote with Laura Brill, “legislative office lay beyond her grasp.” 🖐️
But our gal Florence was just down – not out. 🥊

In 1934, President FDR named Florence to the U.S. Court of Appeals for the Sixth Circuit❗️

This made Florence Allen not only the first woman appointed to a federal court of appeals, but also to an Article III court full stop ‼️
As a quick reminder, the first woman appointed to a United States District Court was Burnita Shelton Matthews, who wouldn't make it to the bench for 15 more years . . . 👩‍⚖️

Now you may be shocked – shocked 😲 – to learn that not all of Florence’s colleagues were thrilled to have a woman join their ranks . . .

But try this on for size – one 6th Cir. Judge was reportedly so unhappy about her appointment that he took to his sickbed for 2 whole days!🤯
Even once he was back on his feet, he and Florence’s other colleagues continued to dine at an all-male club . . . without poor Florence.🍽️☹️

But over time she won over her critics, and enjoyed 25 years on the court, even serving as Chief Judge of the Circuit in the late 1950s!☺️
But not every glass ceiling would be shattered by Florence...

Throughout this time, her name was mentioned again and again for consideration for a 🪑 on the Supreme Court.

Indeed, when potential Justices were listed for FDR's court-packing plan, Florence's was included! ✔️
President Truman came close to nominating Florence, but moved on after resistance from the Justices themselves.

The members of the Court apparently thought a woman would "inhibit their conference deliberations" as they decided cases with "shirt collars open" and shoes off! 👞
Despite - or perhaps because of - having her name surface so often for a Supreme Court seat, Florence said the appointment "will never happen to a woman while I am living."🙍‍♀️

And it didn't - Justice O'Connor was appointed to the Supreme Court 15 years after Florence died . . .
So she left one last glass ceiling for someone else.

But her career was full of so many 🥇, and the glass ceilings she broke along the way made it possible for another to reach the next one.🔨

It is hard to think of concluding with anything other than Florence’s own words . . .
Once again, as told by RBG, Florence said:

“When women of intelligence recognize their share in and their responsibility for the courts, a powerful moral backing is secured for the administration of justice.”

Amen, sister friend. 🙏

(fin)
P.S. For those who want to know more about Judge Allen, and other pathmarkers, I highly recommend "Women in the Federal Judiciary: Three Way Pavers and the Exhilarating Change President Carter Wrought" by
Justice Ruth Bader Ginsburg & Laura W. Brill (ir.lawnet.fordham.edu/cgi/viewconten…)
I also recommend the fabulous book "Shortlisted: Women in the Shadows of the Supreme Court" by @reneeknake & @hannahbrenner. ❤️
And the first part of Florence's story can be found here . . .

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More from @marinklevy

18 Oct
Who is in the mood to hear the story of the ⭐️First Woman Article III Judge⭐️?

Cuz I am sure in the mood to tell it!

Tonight we meet Judge Florence Allen – a true pathbreaker! (She served on the Ohio Supreme Court *and* the 6th Circuit!)

Mini ⚖️🧵all about her in 3...2...1... Image
Let's do the basics first:

Florence Ellinwood Allen was born in 1884.

She graduated at age 20 from what is today Case Western Reserve & then - being a true Renaissance woman - went to Germany 🇩🇪 to study 🎹, almost becoming a professional pianist!

(Florence had skills.) Image
But, luckily for us, she changed course & turned to law.⚖️

(Not to worry – she kept up her love of 🎵 and even was a music critic for the amazingly-named Cleveland Plain Dealer 📰 for awhile!)

Florence decided to attend law school ... but her alma mater wouldn’t admit women.🙅‍♀️
Read 14 tweets
17 Sep
Is it time? ⏲️

I have been waiting *all day* to tell you the story of Sarah T. Hughes –

1st woman federal judge in Texas, 3rd in the federal judiciary as a whole, and the only woman to have sworn in a U.S. President (as you might recall). 👇

Let the thread commence...

(⚖️🧵)
Sarah Tilghman was born in 1896 in Baltimore. ☀️

After college, she spent 2 years teaching science - in her words, "about the only thing a girl could do at that time was to teach school."

She then enrolled at @gwlaw and attended at night, commuting by . . . canoe (!). 🛶

(2/x)
By canoe?! (you might ask). By canoe! (I say).

You see, Sarah lived on the other side of the Pataomac in a tent. ⛺️ And so naturally, she commuted by canoe.

And if all that wasn't cool enough, during this period she served as a member of the DC police force during the day. 👮‍♀️
Read 12 tweets
15 Sep
As you know, the Supreme Court Justices have had their current building only since 1935.

This leads to a gripping question: Where were those guys for the first 146 years!? 🤔

What do you say we take a little road trip together to find out? 🚗 I’ll drive . . .

(⚖️🧵)
First stop – New York City! 🍎

The Supreme Court was born in 1789 (thanks to the Judiciary Act of that year) and lived, ever so briefly, in the Royal Exchange Building right here. 👇

(It wasn't the fanciest of beginnings - the Royal Exchange was a covered marketplace . . . ) Image
Bonus Fun Fact: Before the Court convened, the federal court for the District of New York sat in the building on Nov. 3, 1789 – making it the 1st federal court to sit under the new Constitution!🥇

Their first business? Admitting lawyers to the bar, including Aaron Burr (Sir).⭐️
Read 15 tweets
22 Jun
I think everyone knows that Bob Katzmann was an extraordinary judge (👨‍⚖️) and a true mensch (♥️).

But do you know that he also made huge contributions to judicial administration? Ready to hear all about it? Well, have I got a court thread for you . . . (⚖️🧵) (1/x)
Let’s begin with a relationship problem – and the 2 players in this part of the story are Congress and the Courts (💕). Their problem, as with most couples, had to do with communication.

(Though unlike with most couples, theirs was all about judges interpreting statutes.) (2/x)
Specifically, as Judge Henry Friendly (❤️) once wrote about the “problems posed by defective draftsmanship”

(way to point the finger, Henry👉)

we see “the occasional statute in which the legislature has succeeded in literally saying something it probably did not mean.” (3/x)
Read 18 tweets
11 Jun
So today is my 40th birthday. 🎂 But enough about me! 😉 I want to talk about another birthday girl - this amazing woman right here, Judge of the U.S. Court of Appeals for the Second Circuit, Amalya L. Kearse. (mini ⚖️🧵)
A little background: Amalya Kearse was born in @NJGov in 1937 to Myra L. Smith and Robert Freeman Kearse. Myra was a pathmarker in her own right – she was a physician, having been the only woman in her graduating class at Howard University College of Medicine. 🩺 (2/x)
Amalya attended @Wellesley, where she majored in philosophy. (♥️) She then went to @UMichLaw (Go Blue!) – where she was the only black woman in her law school class – and graduated cum laude and was on the famed @michlawreview. (3/x)
Read 8 tweets
24 May
On this week’s episode of Judicial History, I give you intrigue, I give you animosity btw judges, I give you a cameo by Alexander Burr, I give you romance . . . er, sorry, there’s no romance. But who needs romance when we have . . .⭐️The Origin Story of Visiting Judges⭐️

(⚖️🧵)
Let’s begin by setting the scene . . . 🎭

Each year most COAs are “visited” by other judges—district judges, other circuit judges, and judges from the Court of International Trade. These judges “sit by designation” and last year helped to decide over 3,000 cases. (!) 🤯 (2/x)
How did this fascinating practice begin? How is it that a judge who is nominated & confirmed for one particular seat can sit on another court and decide a case for that court? (E.g., how does Judge Rakoff, a judge from SDNY, decide cases for the 9th Circuit?)

- HOW? -

(3/x)
Read 15 tweets

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