Thank you!
Your support is sustaining the future of local news in our communities.

The U.S. Supreme Court’s long road to embracing diversity

Three weeks before the 1980 presidential election, Republican Ronald Reagan promised to make history by appointing the first female justice of the U.S. Supreme Court.

President Jimmy Carter, his opponent, said it was a terrible mistake to promise to appoint any particular kind of American, thereby denying consideration to all those other highly qualified people. Republicans thought it was a swell idea.

Forty years later, Democrat Joe Biden promised to make history by appointing the first Black female justice to the Court. Republicans thought it was awful to intentionally deny all those other highly qualified people — white men and women, Black men, etc., etc. — consideration. Democrats thought it was a swell idea.

It’s remarkable how our two, not so great political parties can alter strongly held views with changing times or changing power.

Like most things governmental, the question of the Court’s makeup started with George Washington. The Father of Our Country worried about individual states having undue influence on the Court and decided he should limit appointments to one justice per state. This wasn’t easy because there were only 13 states for a while and once you got past Virginia, Massachusetts and maybe Pennsylvania, there wasn’t an unlimited supply of highly qualified white, male Protestant types around.

Abigail Adams, the before-her-time spouse of Founding Father John, memorably exhorted her husband and his fellow founders to “remember the ladies” while forming the new nation but the other guys figured that was just the 18th century equivalent of pillow talk and wondered why Adams couldn’t control Abigail.

With women not permitted to vote in the 18th, 19th and first decades if the 20th centuries, their ascension to the highest court in the land or, for that matter, the lowest, was never an issue. We didn’t have a female justice until women had been voting for nearly 60 years but things have been a bit better in recent years with as many as three women on the court at the same time.

Harry Truman is the first president I was able to find who seriously thought about naming a woman to the Supreme Court but he was talked out of it by some of his old buddies on the Court. They told Harry a woman’s presence would severely limit the delightfully informal — or bawdy — nature of the justices’ man to man deliberations.

During all the years of same sex justices, the Court did look like the rest of American men — except for men who weren’t white, Protestant Nordics.

President Andrew Jackson did make an exception in 1836 when he made Roman Catholic Roger Taney a justice but don’t give Old Hickory praise for striking a blow for religious freedom. Taney was strictly a crony, a loyalist who had served in three posts in the Jackson cabinet.

Taney did become a long serving chief justice, remembered for some important decisions but mainly for the Dred Scott case in which a slave had sought freedom because his owner had moved him into several states where slavery was illegal. The Court’s 7-2 decision, written by Taney, ruled Scott, like all other slaves, did not enjoy any American citizenship rights and privileges.

The decision contributed to the coming Civil War and one legal scholar, Bernard Schwartz, believes it “stands first in any list of the worst Supreme Court decisions.”

His Catholicism never appeared to be an issue. However, Taney left the Court in 1864: There wouldn’t be another Catholic appointee until the 1890s and a grand total of just six of the 101 men on the Court until O’Connor came along in 1980.

 

Since then, Catholics have been popular appointees for both Democratic and Republican presidents, but especially Republicans.

Jewish justices have been scarcer. The first Jew on the high court was a highly celebrated legal scholar, Louis Brandeis, appointed by Woodrow Wilson in 1916 over strong opposition.   

For nearly a century, there was rarely more than one Jew on the court at any time but recently, before the death of Ruth Bader Ginsberg, there were three:  Ginsberg, Stephen Breyer and Elena Kagan.

Ethnic minorities have fared even worse in the pursuit of a Court that looks like America.  Sonia Sotomayor is the only Hispanic/Latina ever appointed to the Court unless you count Benjamin Cardozo, a Sephardic Jew whose people can be traced to Portugal.

 

Until Antonin Scalia joined the Court in 1986, there were no Italian-Americans; the current Justice Samuel Alito is only the second. There have been no justices of Slavic or other eastern European heritage and no members of religions other than Protestants, Catholics and Jews.

Which brings us to today, or, more accurately, to the day after tomorrow when Stephen Breyer steps down and is succeeded by Ketanji Brown Jackson.

On that day, the Court will have an extraordinary seven justices who were or are Catholic.  (Justice Gorsuch was born and raised Catholic but currently attends an Episcopal Church without specifying his religion and Clarence Thomas was born and raised Catholic, became an Episcopalian, then became a Catholic again.  Justices Roberts, Alito, Kavanaugh, Barrett and Sotomayor are lifelong Catholics.  Justice Kagan is currently the only Jew.)

That leaves the brand new Justice Jackson with a second distinction.  She is not only the first and only Black female justice. The nondenominational Protestant Jackson is the only avowed Protestant left on that formerly all male, all Protestant Supreme Court of the United States.

 

Simsbury resident Dick Ahles is a retired journalist. Email him at rahles1@outlook.com.

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

Slow fashion takes the runway at Stone Ridge Orchard

The organic runway at HVSFW puts sustainable style among the apple trees at Stone Ridge Orchard.

Jay Ballesteros

Fast fashion has made it possible to buy the latest trend almost as quickly as it appears on social media. The environmental cost, however, is anything but fleeting. Fashion production accounts for about 10% of global carbon emissions, consumes enormous quantities of water and energy, and an estimated 85% of textiles end up in landfills each year. Synthetic fabrics also shed microplastics when washed.

So what would happen if we slowed things down?

Keep ReadingShow less
Susan Schneider and the magic of marbling
Susan Schneider, owner of Shandell’s in Ashley Falls, in her studio.
Susan Schneider, owner of Shandell’s in Ashley Falls, in her studio.
It’s a joyful process. —Susan Schneider

A beautiful September morning found Susan Schneider of Shandell’s working in her Ashley Falls home studio, while linen cocktail napkins she had marbled the day before hung on a line outside her back door. Her helpers, dogs Daisy and Stubbs, are never far from her.

“Marbling,” Schneider explained, “the art of floating paint on a liquid and printing it on a medium, has been around for hundreds of years.”

Keep ReadingShow less

Through the lens of war

Through the lens of war

“Omaha Beach Rescue, D-Day +1, Normandy, June 7, 1944.” one of the best-known photographs of D-Day.

Walter Rosenblum

Longtime Norfolk resident Nina Rosenblum will present her award-winning documentary, “They Fight With Cameras,” on Saturday, Sept. 26, at 6:30 p.m. at the Norfolk Library.

The film tells the story of her father, decorated U.S. Army Signal Corps combat cameraman Walter Rosenblum.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Brian Gersten finds the story in the overlooked

Filmmaker Brian Gersten

D.H. Callahan

At 6 p.m. on Saturday, Sept. 26, award-winning filmmaker Brian Gersten will screen four short documentaries at the David M. Hunt Library in Falls Village, exploring obscure topics such as a lingering territorial dispute between the United States and Canada, a nationwide toilet paper panic sparked by a late-night joke, the infamous “Balloon Boy” saga and the history of bowling in America.

The Chicago-raised, Millerton-based filmmaker has worked as an editor on feature-length documentaries like the cycling film “Enter the Slipstream” and Netflix’s profile on author Tom Wolfe, “Radical Wolfe.” In 2025, “Why We Dream,” a film he edited about bringing D-Day veterans back to the beaches of Normandy, premiered aboard the U.S.S. Intrepid in New York City. When it comes to directing, Gersten’s own interests focus more on the underappreciated and unremembered, as the four short films he directed will demonstrate.

Keep ReadingShow less
Sharon artist takes top prize at Lime Rock art show
Muriel Stockdale, left, and judge Roger McKee during the awards announcement at the juried art show at Trinity Episcopal Church. Stockdale\u2019s \u201cKevin\u201d was the second place winner.
Patrick L. Sullivan

The annual juried art show at Trinity Episcopal Church in Lime Rock was won by Mi-Kyung Hwang of Sharon for “Wild Hazelnut from Eggleston.”

The winners were announced at the show’s opening reception at the church Friday evening, Sept. 18.

Keep ReadingShow less
From Woodstock to the Warner, Graham Nash is still singing for peace

Graham Nash brings a career-spanning retrospective to the Warner Theatre in Torrington on Sept. 30, joined by Todd Caldwell, Adam Minkoff and Zack Djanikian.

Misti Layne

Imagine stepping out onto a stage in front of hundreds of thousands of tired, wet and weary strangers with a lineup of songs they’ve never heard before. If you’re Graham Nash, who will perform with his current band at the Warner Theatre in Torrington on Sept. 30, you don’t have to imagine. You only have to remember.

The legendary Woodstock music festival was only the second concert Nash played with Crosby, Stills, Nash & Young. David Crosby, Stephen Stills and Nash had already formed Crosby, Stills & Nash, releasing their debut album earlier that year. Theirs was a sound both new and nostalgic when it hit the scene in the late 1960s, and, thanks in part to the success all three members had had with previous bands, they instantly found a wide and willing audience.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.