We noted with interest that Justice Ginsburg gave a speech last week in which she reportedly made clear that on the question whether the next nominee should be a woman, she sees things the way we do: while diversity on the Court is important, it need not and should not come at the expense of appointing a Justice who will weaken women’s fundamental rights.
In her speech, Justice Ginsburg said that “any woman will not do” for the job of Supreme Court Justice, noting that there are “some women who might be appointed who would not advance human rights or women's rights.” This echoes what we have said since Justice O’Connor announced her retirement.
Especially in light of Justice O’Connor’s pivotal role in so many 5-4 decisions on core legal rights for women, the Justice who replaces her will have the potential to shape the lives of women for many years to come. Whether this nominee is male or female, we need to know that she, or he, will respect and uphold critical legal rights for women. For this reason, we will be looking very closely at President Bush’s upcoming choice to replace Justice O’Connor – and while we fully support diversity on the Court, that’s not all we’ll be watching for.
