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Potential Democratic SCOTUS Nominees
My analysis of Tom Goldstein’s list. Out of 30 finalists, only six are White men. Indeed, the list has an African-American plurality. But everybody on the list is extraordinarily qualified, and in a truly color-blind society it shouldn’t bother us to see radical underrepresentation of White men any more than radical underrepresentation of Black women (right?), so I’m sure there will be no claims that the next President is making an affirmative action pick when she or he nominates Hispanic 2nd Circuit Judge Sonia Sotomayor for his or her first open seat (my early prediction!).
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7 Responses to “Potential Democratic SCOTUS Nominees”
I have no clue who will be elected, I can only hope it’s the most qualified candidate and that politics does not trump everything in his or her choice.
As for the race or gender of the candidate, I could really care less, much as I could care less that Rice is black or that Gonzalez is latino. If the most qualified is a white male, fine, if it’s not, also fine.
Isn’t is early to start to pick the next Administration’s SCOTUS nominees when we don’t even know who the next President will be?
Just asking.
It’s nice to think about these folks. I hope, I hope.
“Gender” (sex) and race are illegitimate, perverse, anti-American, not to mention (properly) unconstitutional criteria for qualification and rating of the candidates. It’s not quality you seek.
If it’s not quality I seek, it’s quality I’ve found. Or perhaps you can tell me which of these thirty names is an unqualified individual? Is it Harold Koh, the Dean of Yale Law School? Or Kathleen Sullivan, former Dean of Stanford Law? Judge Sotomayor, who has served on the federal bench for 15 years since being originally named by George H.W. Bush to a district court seat (later promoted by President Clinton). Roger Gregory, nominated to the 4th Circuit by the current President Bush? With which name are we sacrificing quality?
It is a pleasant happenstance of America that quality can be found among people of all races, and all sexes. All but four of the Supreme Court Justices in American history have been White males, and every single Justice has been one or the other. This far exceeds the proportion of talent and quality these demographic groups hold vis-a-vis the rest of population. Given that, a list of potential justices that is only 60% male (gasp!) and only 37% White (sob!) really does not distress me, nor should it you.
Put another way, what is so shocking or unbelievable about the prospect that a little less than two-thirds of the most qualified candidates for a position might not be White? Why are you so incredulous that up to 40% of the most qualified judicial candidates could be women?
Color-(and gender-)blind my ass.
Follow-Up to the Democratic (Not So) Short List
My post on potential Democratic Supreme Court nominees generated a variety of email responses, as well as interesting posts and reader commentary. See for example the responses and comments at Above the Law, Althouse, The New York Times Opinionator (Ti…
Interesting post. I have made a twitter post about this. My friends will enjoy reading it also.