NRO’s Hypocritical, Sexist Attack on a Qualified Judicial Nominee
The National Review Online published a string of blog posts featuring sexist, hypocritical, and flawed attacks on Georgetown law professor and Supreme Court litigator Cornelia T.L. Pillard, President Obama’s nominee to the critical U.S. Court of Appeals for the D.C. Circuit.
Right-wing media have repeatedly attempted to rally GOP filibusters against the president’s nominees to three vacancies on the D.C. Circuit, the appellate court considered the second-most important in the nation and currently skewed to the right. NRO recently joined the attack with the first personal smear, prefaced with the “damning assessment” that an unnamed source claims Pillard is “[liberal Ninth Circuit Judge Stephen] Reinhardt in a skirt but less moderate.”
Obama has nominated three highly-qualified picks to fill these seats and offset the conservative imbalance of the D.C. Circuit’s complement of active and senior judges. One of these choices is Pillard, graduate of Yale College and Harvard Law School, veteran of the Clinton administration, and former employee of both the American Civil Liberties Union and the NAACP Legal Defense and Education Fund. She also is an accomplished Supreme Court litigator in sex equality law (also referred to as gender equality law) and a contributor to the successful arguments in United States v. Virginia, which opened the doors of the Virginia Military Institute to women by firmly establishing the equal protection clause of the Fourteenth Amendment applies heightened scrutiny to sex discrimination.
In short, a liberal president nominated an extremely accomplished liberal to the D.C. Circuit.
NRO has responded with four posts that criticize a 2007 law review article Pillard wrote that argues reproductive rights, such as the constitutional right to an abortion, should be encompassed under equal protection grounds as well. Not only is this a decades-old concept at the root of sex equality doctrine, Justice Ruth Bader Ginsburg has made no secret of her support for this idea, even arguing for it in her successful 1993 Senate confirmation hearing.
Notably, the author of the pieces, Ed Whelan, chose an opening for criticizing Pillard that appears to go against his previous defense of then-nominee Justice Samuel Alito. In 2005, Whelan argued that Alito’s past anti-choice writings on reproductive rights should not be used as a barometer for how he would rule on abortion as a justice.