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Opening Arguments

Manly law

Dahlia Lithwick, writing in Newsweek, says it's about time we had more females on the bench, because men are too fond of "rigid rules and clear lines" while the women tend to favor an "ethic of care" over and "ethic of rights." ("Women: Truly the Fairer Sex" says the headline. Ha, ha; cute pun.)

Debate has raged for decades about whether there is something unique about women's jurisprudence. A 1986 study of (Sandra Day) O'Connor's opinions published by Prof. Suzanna Sherry, now at Vanderbilt University, saw evidence of a "feminine jurisprudence


Michael B-P
Thu, 04/23/2009 - 11:06am

No matter how skillfully presented or carefully reasoned, arguments for or against a greater numbers of female judges should not even be considered since neither can at present be based upon other than personal anecdote or opinion, Sherry's included. Demonstrated professional ability and personal integrity should overwhelmingly be the primary considerations in judicial selection since it is the outcome of the process of "moral reasoning" that counts rather than any alleged distinctions betwen the sexes regarding their approach to that process.