WEBVTT - A New Supreme Court 

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<v Speaker 1>Pushkin Getting Even is produced by Pushkin Industries. Join Pushkin

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<v Speaker 1>Plus and you'll hear all of our shows ads free

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<v Speaker 1>and get access to exclusive bonus content. Subscribe now in

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<v Speaker 1>Apple Podcasts or at Pushkin dot Fm. I'm Anita Hill.

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<v Speaker 1>This is Getting Even, my podcast about equality and what

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<v Speaker 1>it takes to get there. On this show, I'll be

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<v Speaker 1>speaking with trailblazers, people who are improving are imperfect world

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<v Speaker 1>people who took risks and broke the rules. But I

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<v Speaker 1>have to start off this series by addressing the historic

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<v Speaker 1>moment we're in right now. As a lawyer and a

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<v Speaker 1>former witness at a Supreme Court confirmation hearing, I've been

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<v Speaker 1>laser focused on President Biden's recent nomination. On February twenty fifth,

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<v Speaker 1>I watched anxiously as he stood at the podium with

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<v Speaker 1>Vice President Kamala Harris on one side and on the

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<v Speaker 1>other Judge Katanji Brown Jackson. The announcement that was weeks,

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<v Speaker 1>actually centuries in the making finally became real. It's a

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<v Speaker 1>first for our country and speaks to so much of

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<v Speaker 1>my work and what I'm talking about on this podcast.

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<v Speaker 1>The whole country will be watching as Judge Katanji Brown

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<v Speaker 1>Jackson goes before the Senate Judiciary Committee. I'm very familiar

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<v Speaker 1>with that committee. They're the same body that I stood

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<v Speaker 1>in front of in nineteen ninety one when I testified

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<v Speaker 1>about sexual harassment I experienced working at the Equal Employment

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<v Speaker 1>Opportunity Commission under Clarence Thomas. My name is Anita F. Hill,

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<v Speaker 1>and I am a professor of law at the University

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<v Speaker 1>of Oklahoma. Back then, the committee was made up entirely

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<v Speaker 1>of white men, and the chair in nineteen ninety one

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<v Speaker 1>with Senator Joe Biden, the same Joe Biden who's making

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<v Speaker 1>history today as President. My nominee for the United States

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<v Speaker 1>Supreme Court is Judge Katangi Jackson, who brings extraordinary qualifications,

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<v Speaker 1>deep experience and intellect, and a rigorous tradicial record to

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<v Speaker 1>the Court. I wanted to have a conversation with someone

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<v Speaker 1>who I know appreciates the significance of this moment, so

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<v Speaker 1>I called up Mark Lamont Hill. He's a journal social

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<v Speaker 1>critic and professor, and no, we're not related. We spoke

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<v Speaker 1>a few days before Judge Jackson was announced as a nominee,

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<v Speaker 1>which is why you won't hear us refer to her

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<v Speaker 1>in our conversation, but the larger conversation remains unchanged. Mark

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<v Speaker 1>Lamont Hill and I set out to discuss what this

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<v Speaker 1>moment means for justice, what it means for a representation,

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<v Speaker 1>and the benefits to everyone of this historic nomination. Professor

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<v Speaker 1>Anita Hill, it is so good to see you. It

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<v Speaker 1>is so good to talk to you. This is a

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<v Speaker 1>big deal. Then you're certainly no stranger to big deals

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<v Speaker 1>around Supreme Court nomination, so I know you understand how

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<v Speaker 1>important it is, Oh absolutely, and I'm looking forward to

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<v Speaker 1>the really positive things that can come out of this.

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<v Speaker 1>Nineteen was a moment where the Senate Judiciary Committee had

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<v Speaker 1>an opportunity to listen to the voice of a credible

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<v Speaker 1>black woman, and not only did they not do it,

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<v Speaker 1>but their attitude seemed to reflect an inability to recognize

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<v Speaker 1>a black woman as intellectual and capable and balanced and fair, etc.

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<v Speaker 1>And so I'm wondering if they can't even do that

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<v Speaker 1>at the level of a witness, if they're able to

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<v Speaker 1>think about a black woman jurist, and now it's been

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<v Speaker 1>thirty years, how do you think about the ability of

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<v Speaker 1>the Senate Judiciary Committee to even assess the qualification of

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<v Speaker 1>a black woman for this job. Well, fortunately, the Senate

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<v Speaker 1>Judiciary Committee has changed so it is much more diverse

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<v Speaker 1>than it was thirty years ago. I think that there

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<v Speaker 1>is so much to be gained from this nomination and

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<v Speaker 1>the public discussion about our sense of justice in this

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<v Speaker 1>country and the importance of the Supreme Court in representing

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<v Speaker 1>our sense of jobs death. The first place where the

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<v Speaker 1>conversation about justice emerged was when President Biden said that

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<v Speaker 1>he was going to honor his campaign trail commitment to

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<v Speaker 1>choosing a black woman. And this is something that I

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<v Speaker 1>think was left out of the public conversation to some extent,

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<v Speaker 1>is that the decision to consciously select a black woman

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<v Speaker 1>is not the first moment where there was a conscious

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<v Speaker 1>intent to choose people. The hundreds of years where the

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<v Speaker 1>courts were all white male didn't happen by happenstance. It

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<v Speaker 1>wasn't a meritocracy that somehow being interrupted. They were very

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<v Speaker 1>intentionally not choosing Jewish people at one point, very intentionally

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<v Speaker 1>not choosing black people, and then somehow the subtext keeps emerging,

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<v Speaker 1>and that's one around qualification. Yeah, I think again that's

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<v Speaker 1>a part of our history that we want to pretend

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<v Speaker 1>to us on excess. Those judges are there, they have

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<v Speaker 1>been their constant. Spaker Mobley, who was on the Second Circuit,

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<v Speaker 1>wanted a kid stout who was one of the first

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<v Speaker 1>black woman appointed to a state supreme or back in

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<v Speaker 1>the eighties, Paully Murray, who wrote Richard Nixon and laid

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<v Speaker 1>out her resume and all her credentials for being on

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<v Speaker 1>the Supreme Court, and told him that he should nominate her.

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<v Speaker 1>And she was right, of course, I mean she's I mean,

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<v Speaker 1>she was a brilliant legal theorist. But we have so

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<v Speaker 1>erased that history it is though we're invisible. In other words,

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<v Speaker 1>Joe Biden isn't the first person to identify qualify black women.

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<v Speaker 1>And this isn't the first generation of qualified Black women

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<v Speaker 1>by any stretched. Every women for decades, and certainly it's

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<v Speaker 1>not centuries who have been equally qualified and deserved a

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<v Speaker 1>place on the court, they simply didn't have the opportunity.

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<v Speaker 1>I think that's an important piece to add, particularly against

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<v Speaker 1>the backroom of this public outcry that that Joe Biden

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<v Speaker 1>is suddenly going rogue and being selective or intentional about

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<v Speaker 1>who he's selecting for Supreme Court, as if again for

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<v Speaker 1>centuries that hadn't been qualified black women who were intentionally

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<v Speaker 1>left to offabilities. My worst fear in this conversation is

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<v Speaker 1>that we will resort to racist tropes, sexist tropes, and

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<v Speaker 1>we are going to miss this opportunity to ask some

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<v Speaker 1>really important questions today. What are those questions? Well, I

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<v Speaker 1>think we should be asking who's missing from positions of

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<v Speaker 1>power and influence in our political systems, and that includes

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<v Speaker 1>our judiciary. What do we do to step out of that?

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<v Speaker 1>How do we imagine equality in the future. You know,

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<v Speaker 1>we have been operating for a while from what I

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<v Speaker 1>think is a nineteen sixty four version of equality, and

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<v Speaker 1>it has worked very well, but it has not finished

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<v Speaker 1>the job of creating equality. For one, what is the

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<v Speaker 1>nineteen sixty for context right? Because there were people who

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<v Speaker 1>are saying, well, that sounds like a good idea. We

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<v Speaker 1>didn't have access to public accommodations, we didn't have access

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<v Speaker 1>to civil rights. We needed to be in places that

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<v Speaker 1>wouldn't let us in. What's wrong with the nineteen sixty

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<v Speaker 1>four vision or what's limiting about it? There's nothing wrong

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<v Speaker 1>with it. In fact, I've benefited from it, so I

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<v Speaker 1>would not say that there is anything wrong with it.

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<v Speaker 1>But what we know is that we still have huge

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<v Speaker 1>disparities on many, many fronts. So we need to be

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<v Speaker 1>thinking about if our goal is equality, what more can

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<v Speaker 1>we do. We have been having challenges over the last

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<v Speaker 1>few years, things like the Me Too movement and like

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<v Speaker 1>Black Lives Matter, and I think at the core of

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<v Speaker 1>those movements is a cry for new ways of thinking

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<v Speaker 1>about justice and equality. And so far we have people

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<v Speaker 1>who are buying into the messages of those movements, but

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<v Speaker 1>we haven't had the leadership that follows, and we haven't

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<v Speaker 1>had any changes in the structures that are limiting our

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<v Speaker 1>advances toward this new way of thinking about equality inclusively

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<v Speaker 1>and broadly as fundamental to our democracy. When we come back,

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<v Speaker 1>Mark Lamont Hill and I get into the question of

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<v Speaker 1>objectivity in judging and whether or not it's possible. You're

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<v Speaker 1>listening to getting even my podcast about equality and what

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<v Speaker 1>it takes to get there. I'm Anita Hill. A few

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<v Speaker 1>days before Biden announced Katangi Brown Jackson as his pick

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<v Speaker 1>for our next Supreme Court justice, I called up Mark

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<v Speaker 1>Lamont Hill. We spoke about what it means to the

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<v Speaker 1>country to have a black woman nominated to the highest court.

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<v Speaker 1>One of the things that will definitely come out of

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<v Speaker 1>the conversation is whether the person can be impartial, and

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<v Speaker 1>rather than simply proving that black women have the same

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<v Speaker 1>capacity to be impartial as white men, or to make

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<v Speaker 1>the case that everybody's impartial on some level, is this

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<v Speaker 1>an opportunity or should we take this as an opportunity

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<v Speaker 1>to reshape the language around impartiality and objectivity rather than

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<v Speaker 1>to try and wedge ourselves into the framework that always

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<v Speaker 1>has the world looking at us like we're short. This

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<v Speaker 1>is just like the questions about competence. They only come

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<v Speaker 1>when you have a person of color, and they come

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<v Speaker 1>up for the purpose not of finding the right person

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<v Speaker 1>for the bench, but they come up to discredit thinking

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<v Speaker 1>yep and ideas in resistance to the status quo. And

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<v Speaker 1>so I think we're at a moment where we know

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<v Speaker 1>that if we are going to move us as a

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<v Speaker 1>country to expand our thinking about the role that the

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<v Speaker 1>law can play in creating a more just and equal society,

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<v Speaker 1>then we have got to resist those old ways of

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<v Speaker 1>eliminating people by simply saying they're not qualified or they

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<v Speaker 1>can't be objective, assuming that there is one standard or

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<v Speaker 1>qualification or one standard of objectivity. You know, there's an

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<v Speaker 1>interesting story about Constance Baker Motley, who I mean, she

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<v Speaker 1>may have been considered, but she was certainly never nominated

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<v Speaker 1>to be on the Supreme Court work. But she was

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<v Speaker 1>a judge in a case. It was an employment discrimination case,

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<v Speaker 1>and what the council defending against the lawsuit asked was

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<v Speaker 1>that Constance Baker Motley recuse herself, and this was in

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<v Speaker 1>the papers that were submitted to the court, because her

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<v Speaker 1>race and her gender would make her suspect and unable

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<v Speaker 1>to be objective in this case. I love her response

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<v Speaker 1>because she said, if that is the standard we began

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<v Speaker 1>to hold, then we must recognize that everybody on the

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<v Speaker 1>bench is incapable of being objective, because everybody on the

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<v Speaker 1>bench has both the quality of a race and agenda.

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<v Speaker 1>But we only see that when we see people of color.

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<v Speaker 1>Of course, she did not recuse herself, but I think

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<v Speaker 1>she made the best argument. That is our best response.

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<v Speaker 1>When we start talking about the objectivity of black women,

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<v Speaker 1>then we have to start talking about the objectivity of

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<v Speaker 1>all of the white male judges and the black male judge.

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<v Speaker 1>I mean, is anybody ever objective? You're pointing to something

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<v Speaker 1>very interesting, right. That's beyond partisan politics, and that is

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<v Speaker 1>a question of political imagination, of judicial imagination, the ability

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<v Speaker 1>to take different approaches to the law, different traditions, different beliefs,

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<v Speaker 1>different worldviews, and to incorporate them into one's practice. These

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<v Speaker 1>are things that aren't limited to the Democrats or the Republicans.

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<v Speaker 1>This is about a worldview that comes across them both.

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<v Speaker 1>And so diversifying the Supreme courtnel on some level allows

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<v Speaker 1>us to push back against that trend. And it doesn't

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<v Speaker 1>seem like we even realize many of us don't even

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<v Speaker 1>realize that that's a trend to push back against. One

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<v Speaker 1>of the things that Ruth Bader Ginsburg did was it

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<v Speaker 1>very often called out her colleagues for not understanding the

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<v Speaker 1>experiences of women. We talk about the judicial imagination. Her

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<v Speaker 1>imagination for what justice is is quite different from her colleagues,

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<v Speaker 1>and she was not afraid to say so. Yes. And

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<v Speaker 1>this nomination and the way that it was announced was

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<v Speaker 1>intentional challenge to the status quo, an opportunity for us

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<v Speaker 1>to say, we need a judiciary that reflects the population

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<v Speaker 1>that is going to come before it, that reflects ideas,

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<v Speaker 1>new ideas based on different lived experiences in terms of

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<v Speaker 1>deliberations and decision making, and even their new ideas or

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<v Speaker 1>new experiences about the path to becoming a judge and

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<v Speaker 1>what judging is and how it happens, and the value

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<v Speaker 1>that can be brought in where new ideas about how

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<v Speaker 1>to define justice are allowed to be considered. It's an

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<v Speaker 1>intersection again of gender and race, right because when Trump

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<v Speaker 1>said I'm electing a woman, no one thought that he

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<v Speaker 1>meant anything other than a white woman. When Reagan made

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<v Speaker 1>the same determination, no one thought that he was considering

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<v Speaker 1>anything other than a white woman. And when Joe Biden says, well,

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<v Speaker 1>I'm going to choose a black woman, I think it's

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<v Speaker 1>that intersection that was just untenable for so many people.

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<v Speaker 1>And the wonderful thing about the moment is that we

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<v Speaker 1>not only have a chance to look at intersectional bias

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<v Speaker 1>against women of color, but in this case black women,

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<v Speaker 1>we have a chance now to look at the intersectional value,

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<v Speaker 1>the value that having lived experiences as both a female

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<v Speaker 1>and a black person is really something that can contribute

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<v Speaker 1>to the thinking that goes into judging and that goes

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<v Speaker 1>into our definitions of justice today. And if we if

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<v Speaker 1>we don't, if we don't see that as this opportunity.

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<v Speaker 1>If the Senate Judiciary Committee isn't asking questions about those

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<v Speaker 1>two things, then there's a missed opportunity for the entire

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<v Speaker 1>American public. And the problem is they don't know what

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<v Speaker 1>to ask, They don't even have the self awareness to

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<v Speaker 1>ask those questions, and they didn't understand the thing that

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<v Speaker 1>you're that you're speaking to now, which is it's not

0:16:53.916 --> 0:16:58.156
<v Speaker 1>just a nice act of liberal generosity to diversify the court,

0:16:58.596 --> 0:17:01.316
<v Speaker 1>but that there's some inherent value to diversity, that there's

0:17:01.396 --> 0:17:04.436
<v Speaker 1>something that it's an added value to say this court

0:17:04.476 --> 0:17:10.196
<v Speaker 1>should look different. It offers differences in terms of what

0:17:10.236 --> 0:17:13.716
<v Speaker 1>the judges talk about in their deliberations, what is the

0:17:13.796 --> 0:17:19.036
<v Speaker 1>conversation like in their deliberations, And those conversations are driven

0:17:19.076 --> 0:17:24.516
<v Speaker 1>by experiences. Even as I say that our thinking is

0:17:24.596 --> 0:17:29.316
<v Speaker 1>not unilateral, I know very few black women who cannot

0:17:29.436 --> 0:17:35.636
<v Speaker 1>tell you how race and gender, separately and combined have

0:17:35.876 --> 0:17:41.436
<v Speaker 1>impacted their life experiences. But we know that diversity in

0:17:41.516 --> 0:17:47.156
<v Speaker 1>those kinds of conversations can lead for a richer understanding

0:17:47.476 --> 0:17:50.716
<v Speaker 1>of what the law is and how it impacts people.

0:17:51.516 --> 0:17:55.236
<v Speaker 1>And I'll go back to Santra Day O'Connor, who talked

0:17:55.276 --> 0:18:00.436
<v Speaker 1>about how Justice Marshall influenced her thinking about the law

0:18:00.476 --> 0:18:04.036
<v Speaker 1>and maybe that's how we got affirmative action, because she

0:18:04.236 --> 0:18:08.596
<v Speaker 1>wrote the opinion and maybe she was influenced by listening

0:18:08.596 --> 0:18:12.556
<v Speaker 1>to just this Marshaw. But if you don't have someone

0:18:12.796 --> 0:18:17.596
<v Speaker 1>bringing that to the conversation, not only do you not

0:18:17.876 --> 0:18:21.436
<v Speaker 1>have a chance to change the outcome, you don't have

0:18:21.476 --> 0:18:25.436
<v Speaker 1>a chance to change the reasoning. And judging is more

0:18:26.236 --> 0:18:29.556
<v Speaker 1>than about outcomes. It's about the reasoning. It's about the

0:18:29.636 --> 0:18:33.876
<v Speaker 1>explanations for the law and telling the people why decisions

0:18:33.916 --> 0:18:36.916
<v Speaker 1>are made in the way that they are. And I

0:18:36.956 --> 0:18:41.636
<v Speaker 1>think those need to be filled with experiences from multiple perspectives.

0:18:41.956 --> 0:18:45.196
<v Speaker 1>I have to ask you, what's the smoke clears and

0:18:46.636 --> 0:18:50.756
<v Speaker 1>a black woman has been confirmed to the US Supreme Court,

0:18:51.516 --> 0:18:55.476
<v Speaker 1>how will you given everything you've been through, everything you've witnessed,

0:18:56.516 --> 0:18:59.596
<v Speaker 1>your entire set of experiences, how will you feel? I

0:18:59.676 --> 0:19:04.516
<v Speaker 1>will be absolutely elated, absolutely elated. Now I typically think

0:19:04.516 --> 0:19:08.036
<v Speaker 1>of myself as a glass half full, but one of

0:19:08.076 --> 0:19:11.476
<v Speaker 1>the things that I want to be cautious about is

0:19:11.956 --> 0:19:15.956
<v Speaker 1>that we don't start seeing this as well. We have one.

0:19:16.436 --> 0:19:19.036
<v Speaker 1>That's it. That's all wherever you know the black women,

0:19:19.156 --> 0:19:22.436
<v Speaker 1>please check the box. This is not about checking the box.

0:19:23.236 --> 0:19:28.716
<v Speaker 1>This is about a judiciary that represents our country and

0:19:28.876 --> 0:19:33.436
<v Speaker 1>the best in our country and the values of equal

0:19:33.516 --> 0:19:38.596
<v Speaker 1>protection under the law and justice being blind. And so

0:19:38.756 --> 0:19:44.316
<v Speaker 1>I will relish in that moment, and then I will

0:19:44.356 --> 0:19:48.876
<v Speaker 1>hopefully suggest some other ways that we can get some

0:19:48.916 --> 0:19:51.676
<v Speaker 1>of the work done that needs to be done. I

0:19:51.796 --> 0:19:54.036
<v Speaker 1>like that attitude, and that's that's what it means to

0:19:54.036 --> 0:19:55.916
<v Speaker 1>be black in this country. In so many ways, we

0:19:55.956 --> 0:19:59.236
<v Speaker 1>celebrate the victories that we struggle for what we understand

0:19:59.236 --> 0:20:01.396
<v Speaker 1>that the work is undone. It's understand that you get

0:20:01.436 --> 0:20:05.756
<v Speaker 1>to keep fighting. That's right, absolutely, because it was a pleasure, pleasure,

0:20:05.756 --> 0:20:07.876
<v Speaker 1>pleasure talking to you. Thanks so much for let me

0:20:07.916 --> 0:20:10.996
<v Speaker 1>hang out with you. Oh listen, this was great. I

0:20:11.036 --> 0:20:14.356
<v Speaker 1>couldn't have asked for a better partner to have this conversation.

0:20:15.716 --> 0:20:18.396
<v Speaker 1>Of course, Mark Lamont Hill and I don't know what

0:20:18.516 --> 0:20:22.396
<v Speaker 1>the outcome of this historic confirmation hearing will be, but

0:20:22.516 --> 0:20:25.796
<v Speaker 1>we have hopes about how the process will go and

0:20:25.876 --> 0:20:28.916
<v Speaker 1>hopes that we can learn from the mistakes made throughout

0:20:28.956 --> 0:20:33.476
<v Speaker 1>the history of the Senate and the Court. We can't

0:20:33.516 --> 0:20:36.956
<v Speaker 1>shy away from difficult questions about what equality under the

0:20:37.036 --> 0:20:41.076
<v Speaker 1>law means, what it really looks like, and more importantly,

0:20:41.316 --> 0:20:46.636
<v Speaker 1>how diversity on our courts could change people's lives and

0:20:47.076 --> 0:20:52.596
<v Speaker 1>our country. On the next episode of Getting Even, you're

0:20:52.636 --> 0:20:56.076
<v Speaker 1>going to hear new revelations about a familiar piece of history.

0:20:56.756 --> 0:20:58.836
<v Speaker 1>When you heard Mark and I refer to in our

0:20:58.876 --> 0:21:03.596
<v Speaker 1>conversation the nineteen ninety one Supreme Court nomination hearing for

0:21:03.756 --> 0:21:08.356
<v Speaker 1>Clarence Thomas. It was not unusual for Clarence to act

0:21:08.396 --> 0:21:11.596
<v Speaker 1>that way with people and especially black women at the commission.

0:21:12.116 --> 0:21:14.236
<v Speaker 1>Like I said before, he was like a fox in

0:21:14.316 --> 0:21:19.236
<v Speaker 1>a hanhouse, and I wanted to make the committee aware

0:21:19.396 --> 0:21:22.796
<v Speaker 1>of the fact that you were not lying to them

0:21:22.916 --> 0:21:26.356
<v Speaker 1>or making up statements, that this, in fact is what

0:21:26.516 --> 0:21:31.036
<v Speaker 1>was happening at the EOC. Later in the season, I'll

0:21:31.036 --> 0:21:36.476
<v Speaker 1>be speaking with w Kamal Bell, Kimberly Crenshaw, Nicole Hannah Jones,

0:21:37.156 --> 0:21:42.236
<v Speaker 1>Misty Copeland, and many others about the realities that keep

0:21:42.356 --> 0:21:46.356
<v Speaker 1>us up at night and what it takes to get even.

0:21:47.276 --> 0:21:52.236
<v Speaker 1>What we're looking for is outcomes. We want results, measurable

0:21:52.316 --> 0:22:06.996
<v Speaker 1>outcomes in the way that people live every day. Getting

0:22:06.996 --> 0:22:09.676
<v Speaker 1>Even is a production of pushkin in this Streets and

0:22:09.876 --> 0:22:13.236
<v Speaker 1>is written and hosted by me Anita Hill. It is

0:22:13.276 --> 0:22:18.316
<v Speaker 1>produced by Molaborg and Brittany Brown. Our editor is Sarah Kramer,

0:22:19.076 --> 0:22:22.996
<v Speaker 1>our engineer is Amanda kay Wang, and our showrunner is

0:22:23.036 --> 0:22:27.996
<v Speaker 1>Sasha Matthias. Luis Gara composed original music for the show.

0:22:28.756 --> 0:22:32.236
<v Speaker 1>Special thanks to Vicki Merrick for her help with this episode.

0:22:32.796 --> 0:22:37.956
<v Speaker 1>Our executive producers are Mia Lobel and le tal Malaud.

0:22:38.396 --> 0:22:44.636
<v Speaker 1>Our director of Development is Justine Lane. At Pushkin thanks

0:22:44.676 --> 0:22:51.556
<v Speaker 1>to Heather Fane, Carly Migliori, Jason Gambrel, Julia Barton, John Schnars,

0:22:51.836 --> 0:22:56.156
<v Speaker 1>and Jacob Weisberg. You can find me on Twitter at

0:22:56.196 --> 0:23:01.916
<v Speaker 1>Anita Hill and on Facebook at Anita Hill. You can

0:23:01.916 --> 0:23:06.556
<v Speaker 1>find Pushkin on all social platforms at pushkin Pods, and

0:23:06.676 --> 0:23:11.396
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