Judge Genevieve Rose Cline, Customs Court
First Woman Appointed as a U.S. Federal Judge
Oct 13, 2009
Born on July 2, 1879, Cline was mentored by her older brother, John. John was a lawyer and he allowed his younger sister to observe him in court. This led to a fascination with the legal profession and Cline began working as a clerk in her brother’s law office. This work prompted the young Cline to pursue her own legal career.
Cline began her education at Oberlin College in Oberlin, Ohio and, in 1921, graduated from Baldwin-Wallace College in Berea, Ohio with her law degree. She was also admitted to the Ohio bar in 1921.
Prior to receiving her law degree, Cline was already making a name for herself as a clubwoman. These were women who performed voluntary community service through clubs and organizations. Cline was a member of the Ohio Federation of Women’s Clubs and served as chair of that federation’s committee on Legislative and State Institutions. By the time Cline went into practice with her brother from 1921 to 1922, she was already well-known throughout Ohio for her work as a clubwoman.
Cline’s legal career took a turn after she heard Ohio Senator Theodore Burton talk about tariffs. The subject interested Cline and she began researching tariffs and customs. After speaking with authorities on the subject and reading all the material she could find, Cline became a self-taught authority on the issue. The U.S. Customs Service assigned Cline to appraise merchandise at the Cleveland, Ohio port, making her the first woman to hold such a position.
Appointed as Federal Judge
Against strong opposition, President Calvin Coolidge nominated Cline as judge of the United States Customs Court. Members of the Senate opposed this nomination because of Cline’s gender but also because they felt she lacked formal education in the matter. Clubwomen stepped up as supporters for Cline as well as Katherine Pike, president of the National Association of Women Lawyers. The Senate confirmed Cline’s appointment on May 25, 1928 and Cline was sworn in on June 5, 1928. She was the first woman appointed as a federal judge. The position paid Cline $10,000 a year when she first started.
Just a few months after her inauguration, Judge Cline faced her first challenging case in October and one that set something of a precedent.
Historic Customs Case
Polish-born soprano Ganna Walska was married to Harold McCormick of Chicago. She had brought some items of value with her from Paris where she maintained her own residence. Customs authorities expected Walska to pay duty on these items, even though she would be taking them back with her when she returned to Europe. Where Walska lived and kept the majority of her belongings had particular bearing upon Customs’ dictates about paying duty on items.
Walska stated her request simply during the testimony: she asked the court to rule that a woman could choose her own domicile and not have it chosen for her.
For Cline, an avid women’s rights supporter, this argument made sense. Unanimously, the court decided that it was not sensible to assume that only the man in a marriage should decide where the couple lived, especially since the status of women had changed. Women were entering the workforce and holding official positions. In 1930, it was definitely a sign that the times were beginning to change. However, Cline also felt, and commented on the case, that this decision did not establish that men and women were equal under the law.
Cline held the life position of Judge of Customs Court for twenty-five years until her retirement on March 1, 1953. She died on October 25, 1959 at the age of 80.
A painting of her is included in a group mural at the Student Services area of Cleveland-Marshall College of Law.
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