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Should gender be a determining factor in choosing a Supreme Court nominee?

Results so far:

Yes
53% 277 votes Total: 519 votes
No
47% 242 votes

Yes

by Barbara Stanley

Created on: May 29, 2009   Last Updated: June 01, 2009

To be a Supreme Court Justice, requires someone capable of handling an enormous responsibility. Whoever serves, serves for life. The appointment of a new Supreme Court Justice is carefully vetted for this reason. Both major political parties desire, at a minimum, that the balance of conservative and liberal Judges be equal. They hope that the scales can be tipped in their favor by having the majority of Judges holding their views on the laws. Most people believe that the vetting process is all about left or right leaning tendencies on interpreting the laws. There is another issue that must be consider because, unfortunately, it is a factor in how a Justice might vote. Gender does matter when a Supreme Court Justice votes on a rule of law.

Gender does play a part in how an individual views the world in general. We know that there is a discernable difference in the perspective of men and women. Although we would hope that those serving on the Supreme Court would put aside their personal feelings when interpreting the law, we know this is not the case. In fact, this became apparent to me for the first time through news accounts of the current female nominee's, MS Sotomayor, comments regarding the fact that she was female and a Latino. Prior to this, I had believed that Justices voted according to their interpretation of the Constitution of the United States of America. If personal beliefs are to be a factor in how they vote, then gender becomes a very important issue.

I now believe gender matters, simply because there should be a balance of males and females serving on the Supreme Court. I find it sad that our laws must be constantly interpreted by any group of people. I find the laws, as stated in the Constitution, are without ambiguity, needing no further interpretation. If we, as citizens of the United States, feel that our laws are unclear and in need of clarification, we should revise the constitution, making sure no law is open to different interpretations. The revised Constitution could then be voted on by all those registered to vote.

When considering the legality of abortion, homosexual marriages, rights afforded to individuals based on their sexual preferences and rights that Christians are losing, how a male would feel about these issues could be vastly different from a female point of view. Of course, each of us is looking for someone to represent our own views on these issues and more. It is evident that all people will not be represented in our Supreme Court system. With so many factors to be considered, i.e., personal feelings on laws concerning life and death issues, religion, adoption and penal laws; we can only hope that there will be someone serving, who will fight for true justice for all.

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No

by Gaurav Mahendru

Created on: May 28, 2009   Last Updated: May 29, 2009

Let me ask you a simple question. What are the factors you would consider before you hire someone for a job?

Qualifications, Experience, Track record etc., would probably come to your mind as factors to be considered before you select someone for a job. Maybe you would like to speak to people who that person has worked for. After all you do not want to hire someone who is not trained for the job or someone who is not familiar with all that is required in a particular job.

Apart from the knowledge and technical skills required, we would also look for people skills. Depending upon the job the person may need specific skills. For example to know what is right or wrong, to be able to make a point, standing up for oneself and what we believe in, being just and reasonable, not having any prejudices or at least not allowing your own prejudice influence your decision, being professional and courteous.

If you could find a person who was perfect for the job, would it bother you if the person was a man or a woman? I hope not. It would not bother me at all unless I have some prejudices against one gender and decide to over ride rationality, throw reason to the wind and completely ignore the requirements of the job. Anyone who indulges in such irrational behavior is going to end up in a sticky situation pretty soon.

What would be a reason for such irrational behavior. Prejudice, bad experience with a few people on earlier occasions, poor judgment, poor perception, a belief that some jobs are better left to men or vice versa.

Now let us look at the job of a Supreme Court nominee. What does the job of a Supreme Court nominee entail? Is it the kind of job that affects only you or me? What are consequences of hiring the wrong person for this job? What precedent would you set if you chose to ignore merit when selecting someone for this job? What kind of society would we be building if we consider gender to be an overriding factor when considering someone for a job as a Supreme Court nominee or for that matter any job no matter how insignificant?

We need to understand that there may have been a time when gender may have been considered as a factor for all or at least some jobs. We as humans have continued to evolve and are at a point now where with the help of proper education and specific training we can train anyone for any particular job as long as the person has inclination for that job. Our physical and mental faculties are not dependent upon our gender. Neither are our capacities to judge, think, feel, communicate, love, understand or carry out any task.

Therefore, gender cannot and should not be a deciding factor while selecting a Supreme Court nominee.

Learn more about this author, Gaurav Mahendru.
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