Womenstake

Justice Ginsburg: Kagan Showed Her "Patience" and "Sense of Humor" at Confirmation Hearings

by Amy Matsui, Senior Counsel, 
National Women's Law Center

In remarks on Thursday, Justice Ruth Bader Ginsburg said that she had advised Elena Kagan "that the two qualities at the confirmation that would suit her well would be her 'patience' and 'sense of humor,' and [Justice] Ginsburg said she succeeded at both."  

Justice Ginsburg noted that she had met Elena Kagan when Kagan was clerking for then-Judge Abner Mikva, and got to know her better when Kagan served as then-Senator Biden's special counsel during Justice Ginsburg's confirmation hearings. "I am so glad that Elena is joining us," Justice Ginsburg said. We look forward to Elena Kagan’s speedy confirmation so she can do just that.

Highlights from the Hearings: Senators Feinstein and Klobuchar

by Amy Matsui, Senior Counsel, 
National Women's Law Center

There was a lot going on last week, to put it mildly. Elena Kagan's confirmation hearings spanned four days, including two marathon days of testimony by the nominee, one afternoon of opening statements by Senators, and several hours of testimony from third-party witnesses (including our own Marcia Greenberger) on Thursday. In addition, last Monday was the end of the Supreme Court Term, and during the week there were memorial services to commemorate the lives of civil rights icon Bill Taylor and the irreplaceable Senator Robert Byrd. So we thought that we'd take a minute to point out some memorable moments from last week's hearings that might have gotten lost in the shuffle.

Women on the Bench: The Quality of Justice

by Amy Matsui, Senior Counsel, 
National Women's Law Center

It’s come up a lot: Elena Kagan would be the fourth woman Justice ever to be confirmed to the Supreme Court, and would, for the first time, join two other female Justices on the bench. It’s worth thinking about why that matters.

We’ve said before that having three women on the nine-Justice Supreme Court would better reflect both the composition of the legal profession and, most importantly, the people of this country.

But a diverse bench also improves the quality of judicial decision-making. At least one recent study tried to determine whether female and male federal appellate judges voted differently in a wide variety of legal claims. And as two of the authors of the study put it, "when women rule, it makes a difference."

The researchers found that female judges are more likely than male judges to vote in favor of plaintiffs alleging sex discrimination. Somewhat more surprisingly, they also found that male judges are more likely to vote for such a plaintiff if a female judge is on the panel than if the panel is composed of all male judges.

This study brings home how important it is to have a woman’s voice in the judicial decision-making process for courts to arrive at a good decision at the end of the day, and to have justice that serves both men and women. And other studies suggest that the more women there are, the more impact they have. It’s food for thought on Day Three of the confirmation hearings. 

While We’re Watching the Supreme Court Confirmation Hearings... Lower Court Judges Are Waiting

by Amy Matsui, Senior Counsel, 
National Women's Law Center

As we wrote earlier this week, Elena Kagan’s hearings before the Senate Judiciary Committee to be an Associate Justice of the Supreme Court begin two weeks from Monday. Like many around the country, we will be following these hearings intently. We'll be commenting on events, issues, testimony, and the general discourse as the Supreme Court confirmation process moves forward. But we want to remind everyone that, in this period of intense focus upon the Supreme Court, it's also essential for the Senate to take action on lower court nominations.

There are currently 45 nominees to federal trial and appeals courts pending in the Senate. When courts aren't at their full capacity, people have to wait to have their day in court. People have to wait for justice.

You would think that a federal judicial nominee with outstanding academic and legal credentials who understands how the law affects real people would quickly be confirmed by the Senate. Well, think again.

The Supreme Court Hearings Are Coming. Are You Ready?

by Amy Matsui, Senior Counsel, 
National Women's Law Center

The confirmation hearings for Elena Kagan’s nomination to the Supreme Court are scheduled to begin on June 28. Supreme Court confirmation hearings are, as we’ve said before, a unique moment when the nation is focused not only on the individual nominated to the Court, but also the Court itself—its decisions, its composition, and the impact it has on the lives of all Americans. It’s a fascinating conversation between the legislative branch and someone who’s about to join the judicial branch—with some Senators using the hearings as an opportunity to send a message to the Executive Branch as well. And the main topic of these hearings are legal issues that we care deeply about.

So with that in mind, we at NWLC have briefly lifted our heads from Box 24 of Ms. Kagan’s Clinton White House documents to reflect on recent Court decisions. Much attention has been paid to the Court’s recent decision in Citizens United v. F.E.C., where a 5-4 majority of the Court ruled that corporations may spend unlimited amounts of money in elections. People are more than a little offended by the fact that the Court treated corporations like people as far as the First Amendment is concerned. 

Laura Bush says Kagan Nomination is 'Great'

by Amy Matsui, Senior Counsel, 
National Women's Law Center

Former First Lady Laura Bush told "Fox News Sunday" yesterday that she was"really glad" there would be three female Justices, if Elena Kagan, nominated to replaced Justice Stevens, were confirmed. 

Mrs. Bush added that women should be represented "in all parts of American political and civic life," echoing Justice Ginsburg. Mrs. Bush expressed her view — which we share — that having female representation really makes a difference. 

The Difference Between Two and Three

by Amy Matsui, Senior Counsel, 
National Women's Law Center

As President Obama noted when he announced his nomination of Solicitor General Elena Kagan yesterday, upon her confirmation, three women Justices would be sitting on the Supreme Court at the same time for the first time in history. You may be asking yourself, what difference might one extra woman make?

The answer: a lot. As Marcia explained in a New York Times article yesterday, “Even when you had two women, there was still a sense that they were exceptions to the rule.” To prove that point, look no further than to the fact that lawyers arguing before the Court frequently confused Justices O’Connor and Ginsburg, “even though they did not look anything alike.” And Pam Harris, who directs Georgetown Law Center’s Supreme Court Institute (and has argued before the Court more than a few times herself), noted in the same article that you need a critical mass to promote a real diversity of viewpoints. She added that “If clients are visualizing the court as a predominantly male entity, they are going to want a lawyer who looks like the people on the bench,” she said. “I think this could also be a critical moment in terms of women arguing before the Supreme Court.”

We’d still lag behind Canada (where four of the nine judges on the Supreme Court are women), but upon Elena Kagan’s confirmation, we’ll be one step closer to a Supreme Court that better reflects both the composition of the legal profession and, most importantly, the people of this country.

President Obama to Nominate Elena Kagan to the Supreme Court

by Amy Matsui, Senior Counsel, 
National Women's Law Center

Reports late Sunday evening and early this morning indicate that President Obama will nominate Elena Kagan to replace retiring Justice John Paul Stevens as an Associate Justice on the U. S. Supreme Court.

What Could Women Do With $10,662 Per Year? Save for Retirement...

by Amy Matsui, Senior Counsel, 
National Women’s Law Center

It’s no picnic to be an older woman in the United States. Almost 12 percent of women 65 and older live in poverty. Nearly one in four older Black women (23.8%) and over one in five Hispanic women (21.9%) are poor. Single older women -– widowed, divorced and separated, and never-married –- are far more likely to be poor than are married women. 

There are multiple reasons for women’s greater economic vulnerability in retirement. One significant reason is lower pay. The wage gap for women working full time, year round, is smaller than in the past but persistent; overall, women earn 77% of what men earn, and the earnings gap is particularly large for women of color.

Senate Will Work Overtime to Clear Backlog of Judges

by Amy Matsui, Senior Counsel, 
National Women's Law Center

Faced with a backlog of 22 judicial nominees ready for floor votes (including one who has been waiting since October), Senator Harry Reid announced today that he plans to hold sessions late into the night and on weekends. Another 16 nominees have received hearings but are waiting for a vote before the Senate Judiciary Committee. 

Hopefully this announcement by the Senate Majority Leader indicates that progress will be made in confirming judges. Even if all the pending nominees are confirmed, there are 65 vacancies on the federal trial and appellate courts for which no nominee has been named, and as of June 28, there will be at least one more—Justice John Paul Stevens’ seat on the United States Supreme Court. When President Obama makes all those nominations, Senator Reid may need to invest in some cots...