Commentary Magazine


Topic: Zoë Baird

Wanted: Female Justice with Small Children (Pets a Plus)

Another Supreme Court nomination is in the works, so it’s time for another round of inanity on court appointments. The latest dose of condescension comes from Peter Beinart, who thinks it’s time for not just a woman but “a mom with kids.” (Is three better than two? What about a single mom? A divorced dad with sole custody?) Why does this matter — so they can decide cases in favor of women? No, really: he wants a woman justice “because female justices, on average, will be more sensitive to the problems women face. Since they will have likely encountered gender bias themselves, they will be more likely to support government action to remedy it.” In other words, they will violate their oath of office and give the gals a break. And then there is the old standby: we need more tokenism:

It’s not just that they may alleviate gender injustice through their rulings; they may alleviate it through their example as well. Just as Barack Obama empowers African-American kids to believe that there are no limits to what they can achieve, female Supreme Court justices send the same message to young women. As anyone who has ever watched their daughter eye a Barbie Doll can attest, role models matter.

Not Sarah Palin as VP, mind you. And Madeleine Albright, Condi Rice, and Hillary Clinton don’t suffice. Neither do the two women currently on the Court. More role models! But what’s with the kids? Beinart explains it’s the role models (again):

It’s important because otherwise, the message you’re sending young women is that they can achieve professionally, or they can have a family, but they can’t do both. And without quite realizing it, that is the message our government has been sending. According to the Census Bureau, 80 percent of American women over the age of 40 have children. But look at the women who have held Cabinet posts in the last three presidential administrations. Only two of the Clinton administration’s five female Cabinet secretaries had kids. (Attorney General Janet Reno got her job only after two women with children, Zoë Baird and Kimba Wood, were dinged for hiring illegal immigrants as nannies). In the Bush administration, the figure was two of seven. In the Obama administration, so far, it is two of four. And if Obama chooses Elena Kagan for the High Court, the figure there will be one of three.

There’s nothing wrong, of course, with appointing childless women (or men, for that matter) to high office. But our government is actually doing a pretty good job of providing role models for the 20 percent of American women who don’t want kids. Where it’s failing is in providing role models for the 80 percent that do.

But Sandra Day O’Connor had three children. Ruth Bader Ginsburg has two children. Don’t they count? Well, maybe they have to be young. So what we need is  a woman justice with at least two children under the age of 10 so that other women with children under the age of 10 will know that they too can be on the Supreme Court. Thunk.

Beinart is a smart fellow. So maybe this is a sly parody of the rampant racial and gender preferences that have overtaken Supreme Court selections. They have turned these into embarrassing “diversity” rackets in which the White House searches for the person most likely to tip the scales for this or that interest group or to bolster the self-esteem of some key demographic. So if Beinart meant to show up all that and urge us to get back to the old-fashioned notion of merit, then bravo! If not, he should be embarrassed.

Another Supreme Court nomination is in the works, so it’s time for another round of inanity on court appointments. The latest dose of condescension comes from Peter Beinart, who thinks it’s time for not just a woman but “a mom with kids.” (Is three better than two? What about a single mom? A divorced dad with sole custody?) Why does this matter — so they can decide cases in favor of women? No, really: he wants a woman justice “because female justices, on average, will be more sensitive to the problems women face. Since they will have likely encountered gender bias themselves, they will be more likely to support government action to remedy it.” In other words, they will violate their oath of office and give the gals a break. And then there is the old standby: we need more tokenism:

It’s not just that they may alleviate gender injustice through their rulings; they may alleviate it through their example as well. Just as Barack Obama empowers African-American kids to believe that there are no limits to what they can achieve, female Supreme Court justices send the same message to young women. As anyone who has ever watched their daughter eye a Barbie Doll can attest, role models matter.

Not Sarah Palin as VP, mind you. And Madeleine Albright, Condi Rice, and Hillary Clinton don’t suffice. Neither do the two women currently on the Court. More role models! But what’s with the kids? Beinart explains it’s the role models (again):

It’s important because otherwise, the message you’re sending young women is that they can achieve professionally, or they can have a family, but they can’t do both. And without quite realizing it, that is the message our government has been sending. According to the Census Bureau, 80 percent of American women over the age of 40 have children. But look at the women who have held Cabinet posts in the last three presidential administrations. Only two of the Clinton administration’s five female Cabinet secretaries had kids. (Attorney General Janet Reno got her job only after two women with children, Zoë Baird and Kimba Wood, were dinged for hiring illegal immigrants as nannies). In the Bush administration, the figure was two of seven. In the Obama administration, so far, it is two of four. And if Obama chooses Elena Kagan for the High Court, the figure there will be one of three.

There’s nothing wrong, of course, with appointing childless women (or men, for that matter) to high office. But our government is actually doing a pretty good job of providing role models for the 20 percent of American women who don’t want kids. Where it’s failing is in providing role models for the 80 percent that do.

But Sandra Day O’Connor had three children. Ruth Bader Ginsburg has two children. Don’t they count? Well, maybe they have to be young. So what we need is  a woman justice with at least two children under the age of 10 so that other women with children under the age of 10 will know that they too can be on the Supreme Court. Thunk.

Beinart is a smart fellow. So maybe this is a sly parody of the rampant racial and gender preferences that have overtaken Supreme Court selections. They have turned these into embarrassing “diversity” rackets in which the White House searches for the person most likely to tip the scales for this or that interest group or to bolster the self-esteem of some key demographic. So if Beinart meant to show up all that and urge us to get back to the old-fashioned notion of merit, then bravo! If not, he should be embarrassed.

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