The Charlie Rose Show from last night aired an October 2016 conversation he had with Justices Ginsberg and Sotomayor. The essential element of their conversation was diversity. As the conversation progressed, they considered the different types of diversity as they have come before the court over time.
They looked at how long we have struggled for the acceptance of women and for women to be considered essential to the human social fabric rather than coincidental. Have you ever wondered why women could so easily be excused from jury duty? Think about what that means. Think about how that attitude impacted women’s ability to climb out of subservient roles.
The conversation also looked at the matter of inclusion of LGBT in the diversity formula. It was brief but it was necessary. That part of our current discussions impact so many who now have the right to speak of their choice and not live in the shadows of society. But those who desire to serve their country must still be three times as good in order to prove their half worth, as was true during World War II and even before.
Charlie asked them to consider their roles as contrasted and compared to Thurgood Marshall and Clarence Thomas. Their responses were striking, to say the least.
The matter of which type of experience is better for a justice also came up – appellate level, trial court, or state supreme court. It became apparent that being able to see the picture from the trial court level is essential. One important, although subtle, aspect of hearing a case at the Supreme Court level is the fact that the many amicai who are affected by the case at bar and its outcome are allowed to present their voices to the justices. Those voices, as well as the arguments of plaintiff’s and defendant’s counsel, contribute toward the ultimate decision.
And we all had a chuckle when they shared the anecdote about being introduced as the sisters who came to the function.
It’s been a long struggle. No, it’s been a long battle. Notably, they said the difference between the ones who graduate from Ivy League schools and the ones who sit in the button factory is merely one generation. Yet so many stories, so many essays are written about those struggles and that one-generation difference.
And then there are groups that *still* have not achieved that leap past that first generation. They continue to be buried in the past and, as was noted during the conversation, kept in a cage where they are not free to do anything except restrained.
- Justices Ginsburg and Sotomayor — Charlie Rose
- List of Justices of the Supreme Court of the United States
- Female Supreme Court Justices Are Interrupted More by Male Justices and Advocates
- Supreme Court Facts
- Safe Spaces, Brave Spaces: Diversity and Free Expression in Education (MIT Press)
- The Affirmative Action Debate