Women and Politics

This post was submitted by Sophie Shulman, WCF Communications Fellow

Yesterday marked the beginning of Solicitor General Elena Kagan’s confirmation process to become the next Justice of the Supreme Court. Despite her high office in the U.S. government and extensive legal experience, the fact that Kagan is a progressive woman has attracted a great deal of controversy—leading social conservatives to criticize her lack of judicial experience, appearance, and position on women’s reproductive rights.

Sound familiar? The eminently qualified Sonia Sotomayor was questioned about her experience as well. But in fact, many of the most famous and well-respected Justices were not judges before being appointed to the Court. Senator Dianne Feinstein defended Kagan by reminding the Senate Judiciary Committee that:

“The Roberts court is the first to be comprised entirely of former federal Court of Appeals judges.”

On Monday, through thinly veiled compliments about her academic expertise, social conservatives on the Committee hinted at the type of issues they will try to use to block her nomination. One of the major criticisms leveled at Kagan involved her history of involvement with political issues—AKA, Judicial Activism.

But let’s remember how social conservatives approved countless politically-minded judges while President Bush was in charge of the nominations—but now that progressives have an opportunity to simply maintain the balance of the Court—activism is considered a major issue. As Senator Chuck Schumer eloquently put it:

“Judicial activism now has a new guise—activism to pull our country to the right.”

And one of the issues that the right is most ardently concerned with is that of a woman’s right to make her own health choices. In fact, there were anti-choice protesters outside of Kagan’s hearings yesterday—and conservative Senators frequently alluded to their fear that Kagan would uphold Roe v. Wade.

But despite their supposed fear of judicial activism, these anti-choice politicians would most likely celebrate the active upheaval of the 30 years of jurisprudence that is a woman’s right to choose.

That is precisely why it’s so important that we have another woman on the Court. As Kagan said yesterday:

“I owe a debt of gratitude to two other living Justices. Sandra Day O’Connor and Ruth Bader Ginsburg paved the way for me and so many other women in my generation. Their pioneering lives have created boundless possibilities for women in the law.”

Their careers have also created opportunities for all American women. By standing up for the values that allow women to freely pursue careers and achieve equality, Justices like Ruth Bader Ginsburg have significantly affected countless women’s lives. Cases such as Ledbetter have proven that having women on the Court does matter, because their experiences and perspectives are different from the six male Justices.

With any luck, Kagan will soon be approved as the next woman who will fight for women’s equality and inspire others to follow in her path. Senator John Kerry described Kagan’s bipartisanship and equanimity, saying that Kagan is:

“The type of judge you would want if you weren’t sure what side you wanted to win.”

As we saw with Sotomayor, the hearings only heat up as we go along. But yesterday, Sen. Sessions called for more candor in the confirmation process—here at WCF, we agree. While Kagan herself has shown her commitment to thorough and open hearings, let’s hope that the Senators will do the same—these hearings should be about Kagan’s qualifications—and nothing else.

Tags: abortion, anti-choice, Barack Obama, Bill Clinton, dianne feinstein, elena kagan, jeff sessions, John Kerry, lilly ledbetter, pro-choice, pro-life, roe v wade, sonia sotomayor, Supreme Court