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Tuesday, September 27, 2005

Diversity and the Supreme Court

You may have missed this post by Russell Robinson if you've stopped checking the "Think Progress" blog written by former clerks to the Supreme Court.  Although it is reasonable not to check regularly because posting has been sparse these days, do read Russell's meditation on the new kind of diversity Bush may promote if he nominates any of the women currently on the short list.  If any of the women were confirmed, non-top ten law schools will be represented on the Court.

He suggests that this might put liberals in an awkward position: 

Although doing so may conflict with their ideological commitments, liberals might point to the nominees' lack of Ivy League credentials in order to question their competence. They may thus inadvertently reinscribe the general suspicion that women and people of color aren’t good enough.

Let's hope the liberals aren't this elitist and stupid.

Posted by Ethan Leib on September 27, 2005 at 08:50 PM in Current Affairs | Permalink


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I'm new to this blog, and not a law professor. I have to say, though, that the phrase "put liberals in an awkward position" strikes me as a particularly telling substitution for actual argument. There were people who thought that nominating Justice Brown to the D.C. Circuit would put liberals in an awkward position, because she is a black woman. As we saw, though, no liberals at all were in an awkward position: ideology trumps identity nearly every time.

There will be plenty of things to say against whoever the nominee is going to be. No one is going to feel awkward about saying any of them.

Posted by: CharleyCarp | Sep 27, 2005 11:56:38 PM

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