5 Statistics That Explain Why TAP Exists

Representation in our highest courts is essential to the pursuit of justice.

At The Appellate Project (TAP), we believe the future of appellate law can and should reflect the full experiences and perspectives of our nation. We know that change is not only possible, it’s already underway thanks to our growing community of alumni, mentors, and volunteers.

The numbers tell a powerful story. They highlight how far we’ve come, and why continuing to expand access, mentorship, and opportunity is so critical.

Here are five statistics that remind us why TAP’s mission matters:

1. In U.S. Supreme Court history, representation is beginning to change.

Of the 116 Supreme Court justices in American history, all but eight have been white men.

While history shows a long pattern of exclusion, recent appointments signal steps toward a more representative bench — which underscores why broadening access to appellate leadership is so important for the future.

2. Federal appellate benches remain overwhelmingly white and male.

Out of 1,001 federal appellate judges as of 2025, just 11% have been people of color—and only 4% have been women of color.
(Source: Federal Judicial Center biographical database.)

Federal appellate courts issue decisions that shape national law. Yet these critical decision-making bodies remain among the least representative institutions in public life.

3. State benches don’t match the nation—yet.

People of color make up more than 40% of the U.S. population, but only 20% of state supreme court justices.
(Source: Brennan Center for Justice, “State Supreme Court Diversity—May 2024 Update,” accessed April 2025.)

Despite significant demographic shifts nationwide, state supreme courts—the highest courts in most states—remain overwhelmingly homogenous. This disconnect matters, as these courts shape decisions that directly impact millions of lives every day.

4. In 19 states, no justices of color sit on the highest court.

In 19 states, not a single state supreme court justice identifies as a person of color—including 13 states where people of color comprise at least 20% of the population.
(Source: Brennan Center for Justice, “State Supreme Court Diversity—May 2024 Update.”)

When entire state high courts lack racial and ethnic representation, it sends a powerful—and damaging—signal about who belongs in the halls of justice.

5. Early career barriers limit who advances in appellate law.

31.5% of law school graduates are students of color—but only 20% of federal clerks are.
(Source: National Association for Law Placement (NALP), Judicial Clerks Remain Less Diverse than Law Graduates Overall, NALP Bulletin+, October 2022.)

Appellate clerkships are critical early career opportunities that shape who advances in the field. Yet gaps in early access and opportunity mean that many talented students are left behind long before they reach positions of leadership.

Why TAP’s Mission Matters

The path to a more representative appellate bench starts long before someone dons a black robe. It begins with early opportunities—clerkships, mentorship, and professional development—that equip and empower law students and young attorneys from underrepresented backgrounds to see themselves in appellate practice.

At The Appellate Project, we are building that pathway. Our growing community is working toward a future where the advocates, judges, and rulings from our highest courts reflect the communities they most impact.

Learn more about what’s to come for TAP and how you can support our mission here.