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Legal Commentary
: DiscriminationsThe Specter Specter
spec·ter n. 1. A ghostly apparition; a phantom. 2. A haunting or disturbing image or prospect: the terrible specter of nuclear warDarlin? Arlen gave a hilarious imitation of himself as Ponderous Senator on Meet The Press yesterday. When David Gregory asked him what kind of justice President Obama should pick to replace retiring Justice David Souter, Specter replied:
He should be looking for someone with a strong academic and professional background. It would be my hope that he would choose someone with diversity. Women are underrepresented on the court. We don't have an Hispanic. African-Americans are underrepresented....Ann Althouse, pointing out that blacks are not ?underrepresented? on the Court, asked, ?Did Arlen Specter mean to say that Clarence Thomas doesn't count as a black person??
Although it is entirely possible that Sen. Specter simply can?t count or has forgotten that Thomas is, you know, black, his call for the appointment of someone ?with diversity? actually raises, even if unwittingly, an interesting question. How do you know if a nominee ?has? diversity? Do all women, Hispanics, and blacks (except, maybe, Clarence Thomas) have it? Are there degrees of ?diversity,? so that some have more of it than others? I wonder if Sen. Specter thinks President Obama would be more or less ?diverse? if his mother had not been white.
Because he may well remain on the Judiciary Committee and thus be evaluating whomever is nominated, perhaps Sen. Specter (D/R/Whatever, Specter) will share with us how he proposes to determine whether a nominee comes ?with? enough ?diversity? to pass his muster.
Full post as published by Discriminations on May 04, 2009 (boomark / email).

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