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If Alito were correct that this is purely a pipeline issue, then something like 30% (what is that, 3 or 4 of 12?) of the bench would be female. Likewise, 30 or 40% of partner positions at law firms and other leadership roles in the profession would be held by women. But they are not, for many reasons totally unrelated to the "pipeline." Those problems start with run-of---the-mill gender discrimination (after graduating with honors from Stanford Law, Justice O'Connor was offered a job at a law firm as a legal secretary) to more subtle hurdles, such as boys-club recruiting events, nonexistent family leave policies, and croniism in hiring. While I do not know the figures, I have heard that some of the present or recent Supreme Court justices have never had a female law clerk, and some have never had more than one among three clerks.
