Tuesday, May 12, 2009

"Senator Boxer: Nominate a Woman!!!-Making the Band (Part 2): A New Supreme

Wow, Senator Boxer another litmus test right out of the cultural wars, just brilliant.

You know what I can't take it anymore, all the litmus tests for being a Justice on the Supreme Court. If its not how many left or right leaning decisions in the ceaseless cultural war, now its gender. I agree there are not enough women judges on the bench, and add in the additional criteria of race and there are not enough minority (women & men) on the courts. The need for a person of color is as great as the need for a woman, as a matter of fact I believe 2 people of color , and 2 women so its a tie.

That is why I agree with Senator Boxer, we do need a Supreme Court that is more representative of all Americans, so that its decisions had better reflect the diversity of life experiences and points-of-view in America. Where I disagree is creating a gender or racial litmus test. Whoever is the President chooses, I am sure it will be based on not only gender or ethnicity, but merit, the legal reasoning s/he demonstrated in decisions, the President's legal philosophy for American law in the 21st century, and the nominee's expertise in a specific areas of law that the Court is lacking.


Such a decision does not preclude a woman, or minority, both of which are sorely needed on the Court with the Federalist 5. I will also stress I would love to see a woman that is a person of color. However, it will neutralize the blistering cultural wars, and yes sexist rhetoric ( Mr. Rosen this means you—temperament—please) and focus on a need of the Court to deal with future issues on the horizon.

I have blogged about this in “Making the Band” Part 1, about the punditry and political jockeying and the essential question in my book is the same: What area of expertise is needed on the Court in light of the current economic crisis and 21st century issue? Race, gender, etc are moot point Democrats won folks.

Nevertheless, please exercise your right to be heard and your opinion stated, by participating in the process and lobby for whomever you think is the best candidate. Women’s groups should and must lobby for women’s issues and women’s candidates, just as People of Color ( Asians, African-Americans, Latino-Americans, etc) must lobby to for issues and candidates, etc… ad infinitum that affect them. Free Speech is essential to democracy, so go ahead and write letters and emails, but think about what I said as well.

What area of expertise is needed on the Court in light of the current economic crisis and 21st century issue?

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