Women and Politics

This post was submitted by Sophie Shulman, WCF Communications Fellow

With Solicitor General Elena Kagan’s confirmation hearings set to start next week, the media has been buzzing about potential areas of weakness, conflict, and utilizing the sexist language that seems to be the accepted discourse around women in politics.

Surprisingly, previously rejected Supreme Court nominee, Robert Bork, has entered into the conversation. Bork, who was also serving as Solicitor General when he was nominated, faced one of the most controversial confirmation processes in U.S. history, and was ultimately rejected by the Senate because of his adamantly anti-choice stance.

And now it appears that Bork would like to make Kagan’s confirmation process just as contentious. Now working with the Americans United for Life to oppose Kagan, Bork claimed that:

“The one thing the republicans would gain by making an issue of the Kagan hearings is a little integrity for future battles…[they would lose] their reputation for rolling over any time a woman or a liberal is nominated.”

Clearly, anti-choice conservatives are determined to focus Kagan’s confirmation on the most controversial issue as possible. While Kagan has made clear her position on women’s reproductive health choices and maintaining the legal precedent set in Roe v. Wade, getting more women on the Supreme Court should not be isolated to a single issue.

Not only does Kagan have years of experience as U.S. Solicitor General, Dean of Harvard Law, and as a law clerk for Chief Justice Thurgood Marshall, there are also numerous documents released from her time in the Clinton White House—displaying her views and expertise on several topics.

I would hope that someone like Robert Bork—who endured a humiliating confirmation process despite his numerous qualifications—would not want to subject another talented candidate to the same experience. Indeed, Kagan herself has complimented Bork for his openness during his confirmation:

“Not since Bork has any nominee candidly discussed, or felt a need to discuss, his or her views and philosophy.”

Instead, Bork and his fellow social conservatives seem determined to keep another “woman” or “liberal” off the Supreme Court—at all costs. Despite this, the sitting members of the Court seem not to mind that Kagan has worked in politics, and in fact, even conservative members have come out on her side. Justice Scalia, one of the most right-wing members of the Court, recently said:

“. . . I am happy to see that this latest nominee is not a federal judge – and not a judge at all.”

Justices Kennedy and Stevens have also expressed their admiration for the Solicitor General. Considering these numerous endorsements by sitting members, a former President, and several previous Solicitors General, among others, it will be remarkable if the anti-choice, anti-woman movement succeeds in derailing her nomination. However, we can almost expect that they will turn the confirmation process into a misogynistic circus.

Already this year we’ve seen many examples of extraordinary women rejected by the Old Boys’ Club—and we don’t want to see that happen to Elena Kagan. The Supreme Court needs more women—and it needs more Justices who will fight for a woman’s right to make her own reproductive health choices.

Sexism has no place in politics or Supreme Court confirmation hearings. Get ready to stand up for Kagan as she starts her hearings on Monday!

Tags: abortion, anthony kennedy, anti-choice, antonin scalia, Bill Clinton, elena kagan, john paul stevens, pro-choice, robert bork, roe v wade, Supreme Court, thurgood marshall