Kathryn Jean Lopez' SCOTUS quotas

Blog ››› ››› JAMISON FOSER

National Review's Kathryn Jean Lopez is bothered by the fact that two consecutive Supreme Court nominees have been women:

On the surface, Lopez seems to be criticizing SCOTUS nominations that take potential nominees' gender into consideration -- but, in reality, she is endorsing exactly that. Lopez's post implies support for a quota system in which (at least) every other SCOTUS nominee must be a man.

I can find no record of Lopez wondering whether women are allowed to be nominated to the high court in the wake of consecutive men ascending to the high court as a result of nominations by President Bush. She did, however, write in 2005 that President Bush should "just go for the best. Quotas be damned" in making Supreme Court nominations. She also wrote in 2005:

There is no good reason that this next pick (or any subsequent one) has to comply with anyone's identity-politics rules.


Identity politics is a dangerous thing. It's all about the soft bigotry of low expectations. For the sake of having female role models on the Court--or whatever your "No Boys Allowed" reasoning or goal is--you say, A woman is not going to make it on her own. She won't rise to the top. She can't compete with the guys.It's unfair to all involved.

Now, just five years later, Lopez endorses "identity politics" by suggesting that (at least) every other nominee should be a man.

Posted In
Government, The Judiciary
National Review
Kathryn Jean Lopez
Elena Kagan
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