The Supreme Court and Gender-Neutral Language: Splitting La
Difference Judith D. Fischer University of Louisville - Louis D.
Brandeis School of Law October 5, 2012 Women's Rights Law
Reporter, Forthcoming Following the first term with three women
on the United States Supreme Court, this article analyzes the
extent to which the justices used gender-neutral language. The
article presents background about the meaning, history, and
importance of gender-neutral language. It then examines both
biased and gender-neutral phrasing in the justices’ opinions for
the 2010 term. It concludes that some justices, with Justice
Ginsburg in the forefront, frequently use gender-neutral
language, others use it some of the time, and still others,
especially Justice Scalia, seldom use it. The article presents
unobtrusive ways to avoid biased language and suggests that the
justices, as leaders in the legal profession, could easily apply
them. Number of Pages in PDF File: 32 Keywords: Women justices,
supreme court, gender-neutral la