Friday, May 15, 2009

Why a Woman?

With the retirement of Justice David Souter, President Obama will soon be nominating his first potential justice of the Supreme Court. If we are to believe the names that have been leaked as possibilities, chances are it will be a woman. Which is great, right? No. At least, not necessarily.

The pressures are tremendous. Top women's organizations and many top female politicians have been lobbying hard since the minute that Justice Souter announced his retirement. Just one woman is currently on the court, they say. Women make up 51% of the population, they say. We need equality, they say. So President Obama must absolutely nominate a woman to the Supreme Court.

Sorry, but no.

I would absolutely love to see another woman on the Supreme Court. Justice Ruth Bader Ginsburg (who, fyi, is a sorority sister of mine!) is there alone, getting older, and very much wants another woman on the court. It would send a reminder to young girls everywhere that they can be anything that they want to be, and in a time when a large part of the female population thinks it's acceptable to be a victim of domestic abuse, that reminder is very much needed. Basically, having a woman nominated would be fantastic.

But nominating a woman because she is a woman is absolutely the wrong way to go.

Instead of pushing for women, organizations should be putting forward the best candidates. If those are women, fantastic. But why limit yourself? Roe v. Wade was decided by a 100% male supreme court. Men support women's rights too. Can't we trust that the best justices are making the best decisions?

Generally, those lobbying for a woman are Democrats, liberals. They probably voted for the President; most likely they support him. I do. So can't we trust him?

To me, only seriously considering women, and then nominating a woman because you want a second woman on the court, is anti-feminist. Maybe these women on the short list are the best candidates. Maybe the woman who ends up nominated (if it is indeed a woman in the end) is the very best possible candidate of all men AND women. But how will we know?

We won't. If a woman is nominated due to pressure, if a woman is nominated to have a woman on the court, then critics will forever be able to say she is there due to her gender and not her credentials. Of course, she will be qualified. Of course, she will have a great resume. But that doesn't make her the very best possible. And the Supreme Court should be the very best. And when a woman gets there, it should be because she is the very best.

I want to see women on the Supreme Court. I want to see more women in Congress. I want to one day see a woman president. I want all of those things, and then I want to not care because it's not a big deal when women are in all of those places.

But you will never see me support someone because she is a woman. Support the best candidate and give women the opportunity to be that best one.

I am woman, hear me roar. And don't give me a special opportunity. Hire me because I'm the best.

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