Bob Dylan’s song states, “For the times they are a-changin'” And I say a hearty “Amen” to that. It is official; Justice Elana Kagan is the new Associate Justice of the Supreme Court of the United States. She was sworn in today by Chief Justice John Roberts in a private ceremony. She is the Court's 112th justice, fourth female justice, and eighth Jewish justice in the Supreme Court. You go girl!!
Her selection shows how much times have changed. In 1872, the Supreme Court of the US prevented a qualified woman from practicing law in Illinois. The legislature said only men could be lawyers. Justice Bradley stated, “The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator. And the rules of civil society must be adapted to the general constitution of things, and cannot be based upon exceptional cases…. I am not prepared to say that it is one of her fundamental rights and privileges to be admitted into every office and position, including those which require highly special qualifications and demanding special responsibilities.”
Thankfully, in 1974, Justice Brennan, referring to the Bradwell case wrote in his opinion, “There can be doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of “romantic Paternalism” which, in practical effect, put women, not on a pedestal, but in a cage.”
It is so hard to believe that what I stated above transpired in the past. These days, women outnumber men in law schools, and an uncountable of women are practicing law and judging cases. However, before we rest on our oars, women still have a long way to go, as we make 77 cents to each $1.00 a man makes, but we are getting there slowly but surely, and we will get there someday because slow but steady wins the race……
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