Identity Politics and Picking a New Justice

Worth Clicking: Blasts from the past wound Romney

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April 12, 2010

Identity Politics and Picking a New Justice

Ever since Supreme Court Justice John Paul Stevens announced he would retire, the media has produced a flurry of speculation about who President Obama will nominate to fill the vacancy. What is most striking is how much the analyses focus on identity politics in the decision.

The National Review refers to former Georgia Supreme Court chief justice Leah Ward Sears as a "two-fer" for being an African-American woman.

Ben Smith notes that the non-Ivy League law school and the Chicago "slots" could be filled by Diane Wood.

The age of the nominee as a possible factor is floated by Josh Marshall, who asks, "Given the odds, does it make sense for the president to put someone on the Court who is already 60 or over?"

And Marc Ambinder discusses the "whisper campaign" about the possible sexual orientation of Solicitor General Elena Kagan.

Do these classifications matter? As the New York Times notes, "Not so long ago, there was similar casual talk, but of a 'Catholic seat' or a 'Jewish seat' on the Supreme Court," until such distinctions became less politically charged in politics, while Justice Sonia Sotomayor may be sitting in a new "Hispanic seat." So though the categories change, identity politics in deciding the members of the Supreme Court may be here to stay.

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Taegan D. Goddard is the founder of Political Wire, one of the earliest and most influential political web sites.

Goddard spent more than a decade as managing director and chief operating officer of a prominent investment firm in New York City. Previously, he was a policy adviser to a U.S. Senator and Governor.

Goddard is also co-author of You Won - Now What? (Scribner, 1998), a political management book hailed by prominent journalists and politicians from both parties. In addition, Goddard's essays on politics and public policy have appeared in dozens of newspapers across the country, including the Washington Post, USA Today, Boston Globe, San Francisco Chronicle, Chicago Tribune, Philadelphia Inquirer and Christian Science Monitor.

Goddard earned degrees from Vassar College and Harvard University. He lives in New York with his wife and three sons.

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April 12, 2010