Even considering that it's only been a few decades since the Equal Rights Movement, and that women still make less money than men do for doing the same job, and that we have to work harder and explain the choices we make in life, it's hard to believe that we've only had three female Supreme Court Justices. I don't chalk it completely up to sexism - the position doesn't come along very often and when it does, there are plenty of qualified people of both sexes to consider. Still, with the nomination of Elena Kagan and the thought that the highest court in the land could consist of one third women - it's pretty exciting.
So who is this woman and what will this mean for us?
Ms Kagan was born in New York City in 1960, the daughter of a teacher and an attorney. Known at an early age as strong willed and intelligent, she attended Princeton, Worcester College, and Oxford before graduating magna cum laude from Harvard Law School. She worked at the U.S. Court of Appeals for the District of Columbia Circuit, entered into private practice, and then joined academia at the University of Chicago Law School and - after serving as an Associate White House Counsel to Bill Clinton - Harvard Law School. She has an impressive resume, and in my opinion, the argument that her lack of judicial experience would be an impediment to her performance as a Supreme Court Justice is purely political.
What her possible confirmation means is of course something we won't know until and if it happens. For women, it will be another step forward in leadership, and another role model for our daughters to look up to. It's another rock thrown at the glass ceiling, leading to the day when sex won't be noticed in these circumstances.
Policy-wise, she's an enigma. She has virulently opposed hate speech, banned military recruitment at Harvard Law School because of the discriminatory policy of Don't Ask, Don't Tell, and fought to protect flag burning as free speech. Although it's hard to find a lot of info on her views, she appears to be pro-choice, as well. On the other hand, she sought to ban images of animal cruelty, and while we all hate to see those images, they are many times used to promote compassion toward animals, can be avoided, and should be considered free speech. She also supported the idea of "battlefield law," which allows for prisoners of war (specifically Al Qaeda) to be held without trial or representation for indefinite periods of time. Again, a touchy situation but as Americans we should always respect the basic right to trial and representation, lest we sink into the same hole as those we are fighting.
None of that means that she wouldn't be an impartial judge who would uphold the freedoms of our country - I was impressed with her response to the committee in today's Senate hearing. In today's environment, it's more important than ever to keep a varied representation in our judicial system, and adding a moderate woman is something we all should hope for.
What are your thoughts on Elena Kagan's possible confirmation to the Supreme Court?
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