I understand what you are saying, and I am NOT trying to nit-pick, but...
A more accurate representation would be the percentage of women who graduate and successfully pass the BAR versus the percentage of men who do the same.
For example, 100 people graduate from law school and pass the BAR, of that 100, 65 are men, and 35 are women. In this scenario, women being 52% of your clerks would be an over-representation of women in the workplace.
Using the general percentage of women in the population is used a lot because it points to an injustice that many times does not exist. The standard talking point is that women are under represented in the STEM fields, but no one mentions that women do not enroll in STEM fields in the same rates as men do.
Said another way, while women may be under represented as a percentage of total population in the STEM fields, they are hired at a much higher percentage rate than their equally qualified male counterparts.
I disagree. Unless one thinks that men are simply better law clerks than women, one would expect there to be an even distribution that is close to the general population (or at least the population of legal personnel out there to choose from)
I would be concerned if he had a statistically significantly greater percentage of women, because that would indicate something other than simple competence was involved (He prefers women around him in the workplace for whatever reason, or he is hewing to a PC line for PR by hiring more women)
Just my two cents...