tag:blogger.com,1999:blog-3621026.post2089533231098746532..comments2024-03-29T06:05:04.162+01:00Comments on Robert's Stochastic thoughts: Roberthttp://www.blogger.com/profile/14455788499385673507noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3621026.post-1878655791549500172009-05-31T19:56:40.899+02:002009-05-31T19:56:40.899+02:00In the past certain Supreme Court seats were rathe...In the past certain Supreme Court seats were rather openly reserved for particular religious/ethnic categories. You had a Jewish seat and Catholic seat, that is Franfurter was succeeded by Goldberg who was succeeded by Fortas. And no one realistically doubts that the same thing has happened to Thorgood Marshall's seat, no one seriously argued then or now that Thomas was the most qualified candidate in the whole country. Now he may have been the most qualified young, reliably conservative black lawyer in the country, a point that can be debated. but to suggest that his choice was color-blind is to ignore all reality.<br /><br />Reagan ran on a campaign platform that included the promise that he would appoint a female Supreme Court justice. As it turns out Justice O'Connor was a brilliant choice who in turn kicked open the door with the result that we have a deep, deep bench of talented female judges ready to move up. As a result no one squawked much when Obama's short list included only one man, and one perhaps a little too old to be an ideal selection.<br /><br />Obama has a perfect right to pull a Reagan or a Bush and pick a candidate who is qualified but also meets pre-selected ethnic and gender attributes. If there were in fact no qualified Latinas out there then picking one would be dereliction of duty. But given that there was one with impeccable credentials Obama has every right to explicitly target diversity.<br /><br />Judge Goldberg was Jewish, Judge O'Connor was (and is) a woman, Judge Thomas is black. And those were in those cases necessary if not sufficient reasons for their selections for those seats at that time.<br /><br />Finally the Right is going to come to regret this. By making it clear that they are motivated entirely by questions of ethnic and gender bias they have used up a lot of ammunition for the next judicial fight. Because if you think they are squealing now wait until Obama nominates openly gay Kathleen Sullivan, perhaps one day to take Ginsburg's seat.<br /><br />Wingnut heads will explode.Bruce Webbhttps://www.blogger.com/profile/13222670342780912788noreply@blogger.com