by Dr. Ada Fisher

I wanted Allison Duncan from the 4th Middle District Court nominated to the US Supreme Court because of the perceived absence of good southern common sense on the court. The fact that Judge Duncan is an African American, a Republican approved by both sides of the aisles in a 99-0 confirmation for her present judgeship and a North Carolinian didn’t hurt.

My one reservation was the fact that Judge Duncan would have been the sixth Catholic on the high court as would be President Obama’s nominee, Judge Sonia Sotomayor. As I reflect on Sotomayor’s words about what a Latina would bring versus another white male some things do come to mind about the court’s composition. The recent ruling against Santamayor’s stance on firefighters should also give us pause to not consider her for the high courts.

For all those seeking to overturn Roe vs. Wade has anyone asked why with five Catholics already on the courts (Roberts, Brennan, Allito, Scalia, and Thomas) that hasn’t been achieved? Should judges be bound to the dictates of their religion especially given that others may not share those beliefs?

If so, will the courts push back against the legalization of illegal immigrants which many Catholic leaders’ support as a way to increase their numbers? Will those giving sanctuary in churches against deportation of illegal immigrants under the law face the loss of judicial protections and religious tax exemptions? Will the courts continue not taking on the pedophiles of the church while their religious supporters sit in judicial power?

As a woman I share Judge Ruth B. Ginsburg’s concern that more women should be on the court especially given that women are 51%+ of the population. If we are to have trials by our peers, then does the judiciary have to look like America as well? As people of color increase in numbers must the courts look like us as well? Should religious diversity be reflected on the high court? Do we have a Baptist on the bench or a good Methodist? Who do we trust to sit in judgment?

When Thurgood Marshall was plucked from our ranks as an unparalleled successful litigator before the courts, his potency was diminished as one of nine justices while his legacy on the Supreme Court other than being the first African American is hard to define. Sandra Day O’Connor held sway from her perch being a deciding vote for balance and judicial restraint. But as I look at the challenges of technology and science where the bounds of ethics are being pushed, maybe it’s time to put scientist, physicians and other non-legal minds on the courts who can think about our possibilities as we continue to bravely explore the universe and the world around us.

A lifetime court appointment may be freeing to allow folks independence of thought and judgment. Don’t believe that just because a religious or judicial philosophy is important in a court selection it will always rule the day. Associate Supreme Court Justices Brennan and Souter were Republican appointees who are now considered the most liberal on the court. None-the-less balance across many lines should be reflected in the appointment of judges who will rule on our legal fate. Politics, expediency and changing times have a way of changing minds.

Dr. Ada M. Fisher is A Physician, licensed school teacher and previous County board of education member as well AS NC Republican national Committee Woman. Contact her at DrFisher@Fishernchousedistrict77.com