The Banality of Diversity

Like Yglesias, I strongly recommend this piece from Jeffrey Toobin. Supreme Court appointments being political, various forms of diversity have always been a major part of the selection process for judges — and this is perfectly appropriate. Everyone knows that Bush never seriously considered appointing a white person to replace Thurgood Marshall — and he shouldn’t have. I also agree with Lithwick that while Thomas certainly proves most Republicans as world-class hypocrites, more importantly he proves that the liberal position is right on the merits. Given the political reality that Bush in that context was going to choose a proven Federalist Society type, Thomas has almost certainly made a more unique and interesting contribution to the Court than any alternative would have.