Friday, February 6, 2009

Ruth Bader Ginsburg's (Hot) Replacement

Justice Ruth Bader Ginsburg was treated for early-stage pancreatic cancer on Thursday. Ginsburg, who is 75, recovered from colorectal cancer in 1999, but the prognosis for pancreatic malignancies is poor even with early detection.

So, naturally, speculation has turned to Ginsburg's replacement on the Court, and, wouldn't you know it, identity politics is already
driving early speculation:

If Ginsburg is the next justice to retire, we'll no doubt hear a lot of nonsense about how her replacement should be the "best-qualified person" for the job, as if that concept were meaningful. It isn't, because there are thousands of people who would be fine SCOTUS justices, and whether any one of them in particular ought to be chosen depends on a myriad of factors, including the (in my view correct) judgment that it's not acceptable to have an all-male SCOTUS, any more than it would be acceptable to have an all-female one.
Okay, the Court is already down one "girl" seat with Alito's replacement of Sandra Day O'Connor in 2006, so the pressure is on. But, seriously, is identity politics and HOTNESS more important than merit? I guess so, since Michigan Governor Jennifer Granholm's is already leading the list of possible replacements for Ginsburg (via Memeorandum).

Now that would be fun (see
Jennifer Granholm as Sarah Palin?"). Having run Michigan into the ground, it would defy reason for President Obama to appoint the the former "Miss San Carlos." But hey, if Representative Hilda Solis can make the grade for Labor Secretary after 16 years of unpaid tax liens, anything's possible.

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