Beyond theinevitable and proper inquiries about the character and views of his latestnominee, Obama's decision tells us something important about him, too. Surelyhe appreciates her reputation as a conciliator who listens to all sides. He isprobably reassured by the fact that the Senate easily confirmed her last yearas solicitor general. But what this nomination reminds us is that he is notonly the first African-American in the Oval Office, but the first presidentraised on feminist principles, as well.
As he stoodnext to Kagan in announcing her selection, Obama referred to her late mother, ateacher at a public elementary school who worked to strengthen the education ofgirls as well as boys.
"Ithink she would relish, as do I," said the president, "the prospectof three women taking their seat on the nation's highest court for the firsttime in historya court that would be more inclusive, more representative, morereflective of us as a people than ever before."
Certainexceptions on the far right aside, the potential elevation of Kagan has beenmet with admirable restraint so far. Critics have noted that her written recordis thin compared with previous nominees, especially for a former Harvard Law Review editor and Harvard Law Schooldean. At 50, she is relatively young, lacks extensive experience in a courtroomand has none as a judge (thanks to the Republican senators who refused topermit a hearing when President Clinton nominated her to the federal bench).The daughter of immigrant parents, a lawyer and a teacher, she was a highlytalented girl who won admission to the finest colleges and universities,strictly on merit.
YoungObama Surrounded by Strong Women
We may havereached a milestone when nobody complains that she was chosen as an affirmativeaction candidate. Perhaps any Democratic president would have nominated twowomen in succession to the court. Perhaps a Republican president willeventually do likewise. But it is nevertheless worth noting that this presidentdid so nowand that he grew up in a family of independent-minded feminist womenwho were unfazed by a culture of male domination.
Rememberthat his mother, Ann, though unlucky in marriage, was deeply persistent,adventurous and professional in her career as an anthropologist. This"girl from Kansas"brought her children with her to distant lands, and even left teenage Barrywith his grandparents for a time while she worked abroad.
Recall alsothat his beloved grandmother Madelyn Dunham, whom he knew as "Toot,"was a working woman who rose daily before dawn to arrive at the bank where shetoiled for more than 20 years until, at long last, she won promotion to vicepresident. Owing to her gender, her advancement came far more slowly than shedeservedand the fact that she earned more than her husband was often a sourceof friction at home.
Today, thereis nothing unusual about a bank vice presidentor a peripatetic academicwhohappens to be female. Back when Obama was growing up, however, those two bravewomen shaped his outlook profoundly. We cannot yet know how three femalejustices will change the culture of the court and the jurisprudence of thenation. But the dream that Elena Kagan cherished and pursued just became alittle easier for other girls to imagine.
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