Procedures

• SET-UP

  This lesson offers several options for you to use with your students whether you are teaching in class, using a hybrid model, or engaging through distance learning. It can be completed in steps as a class or students can move at their own pace and complete the activities independently.

  You can post links to the videos in the lesson along with the related handouts and engage in discussion to share responses on a discussion board or learning management system.

  You can also save and share the following Google resources for students to use with this lesson.

  Handout: Graphic Organizer (Google Docs).

  Handout: Choice Board (Google Slides).

  In Google, choose "File" then "Make a Copy" to get your own copy. You can make any needed adjustments in the instructions such as which activities students need to complete, when it is due, etc. and then make it available to them via Google.

• WARM-UP

  Pose the following brainstorming questions to your students, directing them to record their responses in their graphic organizer, share with a partner, and then with the class if they choose:

  • List as many current or former Supreme Court justices that you have heard about or have studied before.
  • How many of the individuals you listed above are women?

• INTRODUCTION

  Play this introductory video clip [Clip #1] (3:06) for your students. Direct your students to answer the following questions on their graphic organizer:

  • According to Renee Knake Jefferson, how and why did her investigation of women on the Supreme Court begin?
  • What did Jefferson “look” at in the investigation?
  • Describe what Jefferson found in the 1971 New York Times article. Why did she find it “interesting?”
  • How many women had been “shortlisted” for the Supreme Court before Sandra Day O’Connor was confirmed as the first female justice?

• VOCABULARY

  Direct your students to their graphic organizers to view and define the vocabulary terms that will appear in the lesson in the chart in their graphic organizer handout. The vocabulary words are also listed to the right on this webpage. We recommend having your students define and present the terms in a jigsaw activity to save time.

  Depending on time and resources, you may consider having your students define and present the terms in a Frayer's Model activity, where each student takes one or two words. Students can then post their models around the room for reference throughout the lesson. Note: this is not an all-encompassing list of terms included in each video. We recommend you previewing the video clips to determine any necessary additions/subtractions to this list for your specific students.

• ENGAGEMENT

  Direct students to the engagement section of their graphic organizers. Have students view both clips, take notes, and answer each question in their graphic organizers. Encourage your students to share their responses with a partner or small group when finished. Note: each clip features law professor Renee Knake Jefferson, co-author of "Shortlisted: Women in the Shadows of the Supreme Court."

• Clip #2: The Nixon Tapes (4:45)

  • As “there is no requirement for Presidents to be transparent about people that they’re considering” for the Supreme Court, how did Renee Knake Jefferson conduct her research?
  • Why does Jefferson say President Richard Nixon placed two women on his Supreme Court shortlist? How was this used to “preserve the status quo?”
  • What do you hear in the two clips of the Nixon tapes?
  • According to Jefferson, “what do we learn…from those two calls?”

• Clip #3: Comparison to Other Democracies (3:39)

  • According to Renee Knake Jefferson, how does the United States compare to other “western democracies” with regard to women in the judiciary?
  • Based on the clip, why does diversity on the Supreme Court matter?

• CHOICE BOARD EXPLORATION

  Next, have your students choose (or assign) four of the nine topics listed on the choice board (Google Slides). Have students watch the clip and answer the questions for each section. Direct students to prepare to present their findings with the class when finished. Note: each clip features law professor Renee Knake Jefferson, co-author of "Shortlisted: Women in the Shadows of the Supreme Court."

• Clip #4: Amy Coney Barrett and Legal Diversity (3:21)

  • In the context of the nomination of Judge Ketanji Brown Jackson to the Supreme Court (in 2022), what does Renee Knake Jefferson say about the impact of her legal background?
  • What does diversity in legal training bring to the Supreme Court?
  • Based on the clip, what other types of diversity have been considered in nominees to the Supreme Court?

• Clip #5: Sonia Sotomayor and Scrutiny (2:39)

  • What do you see and hear in the clip of Senator Jon Kyl (R-AZ) and Sonia Sotomayor?
  • According to Renee Knake Jefferson, what was the significance of the exchange?
  • How does Jefferson compare this exchange to the confirmation hearings of Samuel Alito?

• Clip #6: Amalya Kearse and the Current Nomination Process (4:47)

  • According to Renee Knake Jefferson, what is the story of Amalya Kearse? When was she considered for the Supreme Court?
  • What does her story “reflect?” What types of discrimination did women experience at the time?
  • What “innovation” did President Jimmy Carter institute?
  • Based on the clip, how has the judicial nomination process “evolved?”

• Clip #7: Constance Baker Motley and Ketanji Brown Jackson (4:36)

  • Did Constance Baker Motley ever make a “shortlist?” Why or why not?
  • According to Renee Knake Jefferson, why was there “pushback” when Amalya Kearse was appointed as 2nd Circuit judge?
  • For what was President Biden criticized regarding to the nomination of Ketanji Brown Jackson in 2022? How does Jefferson compare this action and criticism to other historical examples?

• Clip #8: Sandra Day O'Connor and Cornelia Kennedy (2:56)

  • Why was Sandra Day O’Connor “scrutinized” heavily? According to Renee Knake Jefferson, what experience did she bring to the court?
  • Based on the clip, why did O’Connor ultimately get the nomination over Cornelia Kennedy?
  • Why does Jefferson say Elena Kagan and Sonia Sotomayor experienced “resistance” that other female nominees did not?

• Clip #9: Florence Allen and First Ladies (4:45)

  • In what ways did Sandra Day O’Connor and other female judicial nominees experience gender discrimination?
  • Who was the first woman to appear on a President’s shortlist for the Supreme Court? What bias and discrimination did she experience?
  • According to Renee Knake Jefferson, what does the hotplate symbolize?
  • Compare the roles of First Ladies in the shortlisting of female nominees.

• Clip #10: Ruth Bader Ginsburg (2:46)

  • Based on the clip, why were there “reservations” regarding the nomination of Ruth Bader Ginsburg to the Supreme Court?
  • According to Renee Knake Jefferson, did President Bill Clinton consider nominating a second woman?
  • How does Jefferson describe Presidential nominations before the Presidency of Barack Obama?

• Clip #11: Harriet Miers and Carla Hills (2:17)

  • According to Renee Knake Jefferson, why did the nomination of Harriet Miers fail?
  • What role did the media play in the nomination?
  • Why do some women “self” shortlist themselves? What example does Jefferson provide?

• Clip #12: Future Careers (4:02)

  • Does Renee Knake Jefferson consider J. Michelle Childs and Leondra Kruger as being on President Joe Biden’s “shortlist” for the 2022 Supreme Court vacancy? Why or why not?
  • Based on the clip, what impact does being on the shortlist without receiving the nomination have on future career endeavors? What example does Jefferson provide?
  • What “assurances” do shortlisted individuals generally desire? How does Jefferson describe the process for the 2022 shortlisters?

• REFLECTION

  Before having your students complete the final writing prompt, have your students view the following closing video clip [Clip #13] (2:10) and answer the questions. Direct them to share your answers with the class.

  • What does Renee Knake Jefferson say about the need for ongoing efforts of the “elevation of women to the federal justice system?”
  • Based on the clip, how can the “pipeline” for women to the federal courts be widened?

• CLOSURE

  Allow time for your students to prepare their findings from the lesson with their peers. After your students are finished sharing their findings from the exploration activity with the class, direct them to complete the final culminating writing prompt in their graphic organizers, and have students share their responses, comparing their perspectives with their classmates' perspectives: Having now learned about the women who have served on the Supreme Court and those who have been “shortlisted,” describe how you envision the court moving forward. Be sure to include evidence from the video clips in the lesson to support your argument.

• OPTIONAL EXTENSION

  Have your students conduct additional research into the life and career of one of the women discussed in the lesson (a list is included below). Direct your students to prepare a presentation that includes five key life events, five life accomplishments, and five life difficulties. Have your students share their presentations with their peers and compare their findings with their peers'.

  • Amalya Kearse
  • Amy Coney Barrett
  • Carla Hills
  • Constance Baker Motley
  • Cornelia Kennedy
  • Elena Kagan
  • Florence Allen
  • Harriet Miers
  • J. Michelle Childs
  • Ketanji Brown Jackson
  • Leondra Kruger
  • Mildred Lillie
  • Ruth Bader Ginsburg
  • Sandra Day O’Connor
  • Sonia Sotomayor
  • Sylvia Bacon