The legal profession has seen significant strides in diversity, yet challenges remain. According to data cited in The State of Black Women in The Law 2023 DEIB Assessment Report, Black women comprise nearly 5% of law students and less than 1% of law firm partners. These statistics showcase a pressing need for continued efforts to create a more equitable landscape for Black women attorneys. The goal should be not just be representation but a consistent commitment to meaningful inclusion and equity.
Despite progress since the late nineteenth century, when pioneers such as Charlotte E. Ray began to break barriers, the journey towards full representation and equity is ongoing. Scholars such as Carla Pratt have noted that Black women in law often face "intersectional barriers” that combine racial and gender discrimination, influencing hiring, promotion, and retention within law firms.
To fight against discrimination, Black women lawyers have founded numerous advocacy organizations. For example, the Black Women Lawyers’ Association of Greater Chicago was formed in 1977. Howard University opened in 1869, and it was the first law school in the United States to open admissions to both male and female applicants.
We’re honored to spotlight several phenomenal Black women in the legal sphere. Their groundbreaking achievements have not only shattered long-standing barriers but played pivotal roles in shaping some of the most historic “firsts” in recent times.
Early Pioneers
The first Black female lawyer in the United States was Charlotte E. Ray. She attended Howard University, becoming the first Black woman to graduate from an American law school in 1872. Ray was followed by former anti-slavery activist Mary Ann Shadd Cary, who graduated from Howard in 1883. Both women set up law practices in Washington DC, but their businesses did not survive long. The belief that Black women were unqualified to be lawyers was the general attitude of the time. The principal challenge for Black women lawyers of this period was entering the profession.
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Despite discrimination that they faced, more Black women began to enter the field. Violette Neatley Anderson and Edith Sampson both focused their careers on helping impoverished Black people in Chicago. Ida Platt was the first Black woman admitted to the bar in the state of Illinois in 1894.
With the onset of World War II, more Black women gained the opportunity to attend law school. They filled the vacancies of men who went off to fight in the war. This contributed to a surge in degrees received by Black women in the late 1940s and early 1950s. From 1952 to 1953, Black women received 62.4% of all degrees from historically Black colleges and institutions.
New Black women lawyers entered the profession as the Civil Rights Movement was emerging, so many engaged in legal activism to promote equal rights and combat racial discrimination. While they made important contributions to the movement, a lack of visibility persisted.
Key Figures of the Civil Rights Era
Constance Baker Motley was a prominent figure of this period. She began her career as a lawyer, handling many cases involving discrimination. She worked for the National Association for the Advancement of Colored People (NAACP) in the 1950s. In a society where Black women were considered intellectually inferior, Motley's competence was frequently questioned. Many male lawyers attempted to convince judges in the courtroom that she was unqualified to argue a case. Despite these incidents, Motley advanced in career, eventually becoming the first Black woman appointed to a federal court in 1966. Challenges to her competence continued in her time as a judge. Motley was asked to recuse herself from a gender-discrimination case against Sullivan & Cromwell in New York on the grounds that her identity as a Black woman gave her a conflict of interest.
Other influential Black women lawyers of this period made progress for racial justice. In 1955, Frankie Freeman (also a lawyer for the NAACP) won the case David v. St Louis Housing Authority, which ruled that the St. Louis Housing Authority could not engage in racially discriminatory practices when renting properties to clients. Ada Lois Sipuel Fisher was the plaintiff in the early landmark civil rights case, Sipuel v. Board of Regents of the University of Oklahoma. She was initially denied admission to the University of Oklahoma law school, so she sued the university on the grounds of segregation. The subsequent ruling lead to her eventual admission to the university.
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Intersectionality and Modern Challenges
Black women lawyers in the late 1960s and into the 1970s began to draw attention to the simultaneous discrimination against Black women in law. While these women were still involved with legal activism in the realm of racial justice, they began to incorporate gender issues into their legal work and scholarship. Conversations about the challenges faced by Black women for their dual identities were met with resistance from both Black men and white women in social justice organizations.
Pauli Murray outlined connections between race and gender with her "race-gender analogy argument" that was intended to draw comparisons between discrimination against Black people and discrimination against women. Her goal was to emphasize the lack of inclusion for women in racial justice reform movements. Increased inclusion of Black women in legal scholarship in the 1980s contributed to the rise of research on the intersection of the two identities. Rather than simply comparing race and gender, Black women lawyers began to focus on the specific struggles faced by Black women.
The intersectionality approach was created by Kimberlé Crenshaw in the 1980s. She claimed that society could not consider just blackness or just womanhood when confronting the unique discrimination faced by Black women. The intersection of the two identities of Black and female created different axes of oppression that could not be fully explained by traditional interpretations of racial injustice or injustice against women. The story of Anita Hill, another Black female lawyer, highlights aspects of the intersectionality approach. Criticisms directed at her were those that were historically targeted towards women and Black people separately.
Black women of this period continued to break barriers. In recent years, Black women lawyers have begun breaking new ground in emerging areas of law, taking on leadership roles and carving out spaces in industries that were once hard to enter. Attorneys such as Tanisha Pinkins have built careers at the intersection of sports, entertainment, and intellectual property, helping to negotiate Name, Image, and Likeness (NIL) deals for student-athletes and ensuring fair representation for young talent. Similarly, lawyers like Traci V. Bransford have become trusted voices in collegiate sports law, guiding universities and athletes through the evolving NIL policy and compliance.
Academics and lawyers have written about the intersection of Black women and the legal profession on numerous occasions. In 2000, J. Clay Smith Jr., Dean of the Howard University School of Law, published Rebels in Law: Voices in History of Black Women Lawyers with the University of Michigan Press. In 2019, Tsedale M. Many of these academic works center the concept of intersectionality.
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Scholars argue that while the number of Black women in law is increasing, their opportunities for advancement remain limited. They are still considered less capable and less qualified than their white or male counterparts. They are assigned lower-profile cases and passed over for promotions. Tsedale M. Melaku argues in her book that Black women face obstacles when trying to network and form social relationships, and this affects their career advancement. Those holding the seat of power within law firms are typically white men. She claims white men can relate to white women because their presence evokes a sort of sympathy associated with white women's similarities to their mothers and wives. White men can relate to Black men on the common ground of manhood. Black women are left with no relation and are thus overlooked by the white men in power.
Melaku describes another challenge for Black women in legal professions called "the inclusion tax concept." Black women must use more time, money, and energy to conform to the workplace standards set by white men. This involves discussions of which appearances are deemed professional, specifically about Black women's hair.
Taneisha N. Means examines discrimination against Black women judges in her article "Her Honor: Black Women Judges' Experiences with Disrespect and Recusal Requests in the American Judiciary" in Journal of Women, Politics & Policy. Despite higher law school attendance rates for Black women than Black men, Black women remain less represented in the courts. Means argues that when evaluating candidates for judicial appointments, the American Bar Association (ABA) is far more likely to give white people and men higher ratings, indicating that they are more qualified (even if that it is not actually true). This affects Black women's ability to be appointed as judges.
Scholars claim that despite major advancements, Black women remain heavily sidelined in legal professions.
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Contemporary Influential Black Women Lawyers
This Black History Month, we’re highlighting several trailblazing African American lawyers whose advocacy, resilience, and groundbreaking achievements have not only challenged systemic injustices but have also paved the way for generations to come.
Judge Deborah A. Batts
Deborah A. Batts was a legal prodigy while studying at Harvard Law School, where she continually sought to apply the law in pursuit of social justice. Following her time at Harvard, Batts laid significant groundwork in academia as the first Black professor at Fordham School of Law. She was recognized not just for her academic prowess or identity but also for her courage in navigating complex, high-stakes legal scenarios with ease and precision.
During her tenure on the federal bench, Batts ruled on several significant lawsuits that shaped societal discourse and the legal system. One of her notable decisions was in the Central Park Five case, where the five Black and Latino men wrongfully convicted of assault and rape sued the City of New York for malicious prosecution, racial discrimination, and emotional distress. Batts opposed the City’s dismissal of the wrongful conviction lawsuit, leading to a monumental $41 million settlement. Batts’ decisions also proved critical in demanding accountability, such as holding the Environmental Protection Agency responsible for failing to clean up after the 2001 terrorist attacks.
The courage and determination of Deborah A. Batts paint an inspirational image of a truly pioneering legal mind, reminding us all about the genuine purpose of the law - to build a fair, accountable, and just society.
Loretta Lynch
Loretta Lynch set a historic precedent as the first Black woman to serve as the United States Attorney General from 2015 to 2017 and the second African-American (after Eric Holder) to hold this office. Her passion for justice was inspired by her family’s dedication to civil rights - her grandfather helped those wronged by Jim Crow laws, and her father took an active stance in local civil rights matters, often bringing Loretta to courtrooms to watch legal proceedings. These experiences, at the intersection of civil law and social equality, deeply influenced Lynch.
Merleyn Eze
Merle was the first attorney since LDF’s founder Thurgood Marshall, to be confirmed directly from LDF to the federal bench. District Court in nearly 30 years, and only the second judge in the Court’s history to ever serve as a public defender. She is also the sixth Black judge in the EDNY. Merle’s professional journey has been marked by significant trials. She played a pivotal role in the noteworthy Fisher v. University of Texas litigation, defending the incorporation of race as a consideration in admissions and successfully protecting diversity and representation in education.
From 2016 - 2021, Merle served as Assistant Counsel, Senior Counsel, and Deputy Director for the NAACP Legal Defense and Educational Fund (LDF). District Court Judge for the Eastern District of New York (EDNY). This appointment was a testament not only to her acumen and perseverance but also to her exceptional commitment to equality.
Stacey Abrams
Stacey Abrams, an internationally recognized advocate for justice, civil rights, and voting equality, has left an unforgettable mark on both the legal and political landscapes. Through her tireless efforts, Abrams has been appointed to distinguished offices within state and national politics, making her the first Black woman, as well as the first woman, in such positions. These roles include serving as a member of the Georgia House of Representatives and taking on the mantle of the House Minority Leader in Georgia, highlighting her incredible leadership abilities and trailblazing spirit.
Ever since her early active involvement in civil causes, Abrams showcased the promise of a leader and pioneer. After graduating from Yale University’s Law School, Abrams further developed her legal skills, which led to her appointment at the young age of 29 as Deputy City Attorney for Atlanta.
Abrams’ historical contributions go beyond her tenure in office. Her dedication to citizen engagement and voting rights led to tireless work through initiatives such as the New Georgia Project and Fair Fight Action. Abrams strives to level the playing field for all voters, underpinning her legacy as an inspirational Black female lawyer and leader committed to dismantling barriers for marginalized communities.
Judge Ketanji Brown Jackson
As the first Black woman appointed to the Supreme Court in 2022, Ketanji Brown Jackson cemented her place as a trailblazer in the American legal system. Her pivotal nomination by President Joe Biden and subsequent confirmation by the Senate broke barriers in the Supreme Court’s 232-year history.
From a young age, Jackson showed academic brilliance and passion for the legal field. Excelling in speech and debate competitions during high school, she later graduated magna cum laude from Harvard University with a degree in government. Court of Appeals for the D.C. Circuit. In these roles, she demonstrated a steadfast commitment to upholding the Constitution and ensuring equal justice under the law.
As the first federal public defender to join the Supreme Court, Jackson’s appointment underscored the depth and breadth of her legal expertise. At 53, she stands as the second-youngest justice on the bench, with the potential for long-term influence. Throughout her confirmation process, Jackson faced numerous challenges but remained unwavering in her commitment, exemplifying the perseverance and dedication that often characterizes the journeys of influential Black female lawyers and judges.
Michelle Obama
A lawyer by training, Michelle Obama has left a lasting impression on the legal field, rivaling her significant contributions in public service. As an associate at the Chicago office of Sidley Austin LLP, she specialized in marketing and intellectual property after graduating from Harvard Law School, where she was part of the advocacy for the enrollment and hiring of more minority students and professors. After pursuing a high-impact career in law, Michelle transitioned into public service, bringing her legal acumen to roles such as an assistant to the Mayor of Chicago and the Assistant Commissioner of Planning and Development. In these roles, her expertise contributed substantially to the shaping of public policy and community initiatives.
Michelle Obama’s historic tenure as the first Black First Lady of the United States from 2009 to 2017 shone a spotlight on a wide range of social issues. She utilized her platform to advocate for poverty reduction, healthy living, and education. It’s often overlooked that Michelle Obama’s legal career set a foundation for her public service, creating a legacy that intertwines law, advocacy, and a commitment to social justice.
In addition to her achievements in public service, Michelle’s exceptional storytelling skills have earned her recognition at the Grammy Awards. She won two Grammys, becoming the only former First Lady to do so. Michelle’s awards were in the Best Audiobook category, where she took home a Grammy for the narration of her inspirational self-help memoir, “The Light We Carry: Overcoming in Uncertain Times,” in 2024. This followed her first win in 2020 under the Best Spoken Word Album category for her acclaimed memoir, “’Becoming.” These achievements emphasize Michelle Obama’s multi-faceted, history-making career and influence beyond the confines of law and politics.
Kamala Harris
Our list of influential Black female lawyers and judges in recent history wouldn’t be complete without Vice President Kamala Harris, whose journey in the legal profession is punctuated by numerous historical “firsts.” Beginning her legal career with a focus on prosecuting sex crimes, Harris progressively climbed the ladder and served as San Francisco’s Community and Neighborhood Division Chief. She took the initiative to establish California’s first Bureau of Children’s Justice. Her relentless pursuit of justice propelled her to become the first Black woman and the first person of color to be elected as the San Francisco District Attorney in 2003. As DA, Harris’s conviction rate soared up to 67% in just three years, and she initiated the “Back on Track” program, intended to reduce repeat crimes by providing low-level offenders with job training and other initiatives.
In 2010, Harris achieved a new milestone, taking office as the first woman, first African American, and first South Asian American Attorney General of California.
Here is a table summarizing the achievements of the Black women lawyers mentioned in the article:
| Lawyer | Notable Achievements |
|---|---|
| Charlotte E. Ray | First African American female lawyer in the U.S. |
| Constance Baker Motley | First African American woman to serve as a federal judge |
| Loretta Lynch | First African American woman to serve as the United States Attorney General |
| Ketanji Brown Jackson | First Black woman appointed to the Supreme Court |
| Michelle Obama | First Black First Lady of the United States |
| Kamala Harris | First woman, first African American, and first South Asian American Attorney General of California; First female Vice President of the United States |
