Tuesday, June 02, 2009

Diversity on the US Supreme Court


An interesting New Yorker piece points out that what constitutes "diversity" in US Supreme Court appointments has a long and winding history. It also makes a few other good points:

As with earlier breakthrough nominations, Obama’s selection of Sotomayor has stirred some old-fashioned ugliness, and in that alone it serves as a reminder of the value of a diverse bench and society. Some anonymous portrayals of the Judge offered the kind of patronizing critiques (“not that smart”) that often greet outsiders at white-male preserves. Women who have integrated such bastions will be familiar, too, with the descriptions of her temperament (“domineering”), which are of a variety that tend to reveal more about the insecurity of male holdovers than about the comportment of female pioneers. The pernicious implication of such views is that white males, who constitute a hundred and six of the hundred and ten individuals who have served on the Court [emphasis SM], made it on merit, and that Sotomayor is somehow less deserving.

At the Court, as in American life, the rules of diversity have changed. Regional differences faded long ago. The fact that two Arizonans, O’Connor and William H. Rehnquist, served together for almost a quarter century mattered little to anyone. Religious tensions have also cooled. By the time Bill Clinton named Ruth Bader Ginsburg and Stephen G. Breyer to the Court, the fact that both are Jewish (and replaced non-Jewish predecessors) was little more than a curiosity. If Sotomayor is confirmed, there will be six Catholics on the Court, which is also of minor significance. George W. Bush appointed John G. Roberts, Jr., and Samuel A. Alito, Jr., because they are conservative, not because they are Catholic. (The Catholic Brennan was the Court’s greatest liberal.)

Thanks to Talking Points Memo for the link.

Image: The US Supreme Court in October.

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