In an 8 year tenure, President Obama has had the opportunity to nominate three Supreme Court Justices. Two of them, obviously, were able to make it past a Legislative branch hellbent on denying the President any power and make it all the way to the highest court in the land-- the pinnacle of a legal career in the United States, and they are women no less. Now, strangely enough, the nomination of Merrick Garland seems unfortunately destined for doom, and it's not just Republicans who are stonewalling his election. Politicians are what they are and while it is certainly stupid and childish (and frankly just lazy) to skirt their responsibilities in voting for their President's nominee, it's no shock. Their moves are calculated; they have an electorate whom they are (theoretically) there to serve, they have fellow lawmakers in all facets of the system basing their future support or non-support on the ways they vote, and of course they are in office as a career that they usually don't want to be cut short. But political writers and pundits, on both sides of the party spectrum, are using some absurd reasoning to justify their disagreement with Obama's appointment.
The main culprit coming to mind, because I think his views are unfortunately reflective of a significant number of other people's, is Slate contributor Mark Joseph Stern. In that publication's "Supreme Court Breakfast Table" series, the first entry, penned by Mr. Stern is titled "
Merrick Garland is an extraordinarily disappointing choice." "Extraordinarily disappointing." That's a pretty strong condemnation, as far as polite and civil political discussion goes, and it's definitely the type of wording that made me want to know more. Does Mark Joseph Stern know a particularly great deal about Judge Garland? About his voting record, or maybe some personal remarks he's made that don't bode well for the candidate? Actually, no. Stern's disappointment in the President's nomination is the result of some pretty flawed reasoning. It's basically that Merrick Garland is a white male, and to Mark Joseph Stern (another white male) that's just not "progressive" enough. While I respect Stern's use of an oft-quoted Ruth Bader Ginsburgism in which she has stated that "nine" women on the Supreme Court would be "enough," I think he's missing a major point of feminism, which is too commonly misunderstood. What Ginsburg is probably saying there is not that the Supreme Court should only be composed of women, or that an all-female court would necessarily be more just than one with both men and women. More likely, she's not calling out a specific quota decreed as her appropriate amount of estrogen controlling the Supreme Court, but rather that there wouldn't be an amount that's "too much," so there logically can't be an "enough" either. This misunderstanding points to a bigger issue: that plenty of people don't comprehend that feminists don't want to unseat every job held by a man, they want gender to be a non-issue and candidates to be considered based on qualifications unrelated to their sex organs. In my humble opinion (for which nobody asked) I think it's equally ridiculous to hold against somebody that they are a white male as it would be to hold against somebody that they are a minority female. (As an aside, Merrick Garland is, by the way, not the typical WASP male which dominated the USSC for so long, as he's Jewish. Mark Joseph Stern posits that "100 years ago" there might have been some anti-Semitic blowback for this, but today it's a "complete nonissue." His evidence it's a "nonissue?" A
fucking tweet in which one Jewish person declares that it's not really an issue. Wonderfully progressive and
really thorough research there, bud, but for plenty of people anti-Semitism is still a pretty serious and prevalent issue.)
In that article, Stern goes on to say that had Obama nominated somebody less "conventional," he would demonstrate an understanding of the need for "empathetic, unorthodox voices on the bench." C'mon, Mark Joseph Stern, as a white male writing about this, I would think you'd be quick to understand that empathy is not born solely from personal race-related plight. Every single person who could possibly be nominated to the Court comes from unique circumstances and has his/her own biases; the point of a judge is to understand that and make decisions based on fairness and Constitutionality, leaving their personal experiences at the wayside as much as possible.
This brings me to my next point: the fact that some people are taking issue with Mr. Garland's not being liberal enough, while others take issue with his not being conservative enough. By almost all accounts of Judge Garland's judicial record, he is
about as centrist as possible and extremely fair. He is well known on the legal circuit for taking each case brought before him as a distinct issue, without preference for one side or the other. Mark Joseph Stern, et al., I'm glad your personal viewpoints are liberal. Truly, the world applauds you, you'll be on the right side of history, yadda yadda yadda. The U.S., however, is not as decidedly liberal as you are; in fact, it's
pretty evenly split between Democrats, Republicans, and Independents (who split pretty evenly as leaning toward Democrats and Republicans). I'm not saying I agree with people who are firmly anti-progress, but "progress" has different definitions to different people, and frankly, anybody who can't understand that viewpoints that oppose their own are valid are just ignorant. The nation's highest court should reflect the population and right now it's equal parts liberal and conservative. The Constitution would benefit from appointing the man that, when considered six years ago for the vacancy that was ultimately filled by Elena Kagan, the SCOTUSblog described as
"essentially the model, neutral judge." Republican Senators refusing to vote on any nomination offered by President Obama and liberal commentators angry that Judge Garland does not align closely enough to your personal views, you are equally guilty of being childish and self-centered, and of turning Judge Garland's nomination into a political circus. In fact, in
another article written by Mark Joseph Stern as part of this Slate series, the author concedes that yes, ok, Merrick Garland is incredibly qualified and shouldn't face discrimination for being a white male. But Stern
still takes issue with his appointment because of his personal view that had the President nominated one of his other options (namely Sri Srinivasan or Ketanji Brown Jackson) and Republicans in the Senate blocked their nominations, they could have been painted as racist, or sexist, or xenophobic. Basically, their blocking Merrick Garland is not politically opportunistic enough for Stern's liking. Mr. Stern, as a political columnist your job is certainly to espouse your own views, but it should also be to call out that type of bureaucratic bullshit, not contribute to it.
So, lastly, I will make a call to the great Elizabeth Warren to tell people on both sides of this issue to
"Do your jobs" and consider Merrick Garland as a person with a brilliant legal mind and an enormous list of credentials, not a cog in a political wheel.