When is it okay for Republicans to oppose a Supreme Court nominee for, uh, apparently not being overly concerned about hiring minorities and women over equally qualified white male candidates? WHEN THE NOMINEE IS A DEMOCRAT COME ON KEEP UP. Somebody at RedState heard about somebody at the Duke Law Center on Law, Race and Politics complaining that maybe Elena Kagan hadn’t really done affirmative-action hires when she was in charge of Harvard Law School. Hmm sure that sounds good, let’s climb aboard this particular bandwagon, that’s basically the conservative position anyway, right?
Kagan, whose leadership at Harvard Law marked an unprecedented expansion of the program’s faculty, hired 32 tenured and tenure-track faculty. With one exception, all were white; only seven were women ….
To be sure, conservatives, who as a matter of principle oppose racial quotas for the purposes of hiring or admitting, will be wary of legitimizing such an attack. But with a limited body of published work to her credit–which is to say, nothing at all–the metrics by which the Senate may judge Kagan’s judicial temperament are limited.