May is Infrastructure Month at The New Agenda. While we are busy working on the infrastructure of our organization, we are encouraging our members and readers to submit blog pieces to be published. This piece is written by Celeste Kitchens and is her opinion, not necessarily that of The New Agenda.

Imagine there is an open spot on a high court in which decisions that affect your life are made by a group of 9 people. There are two top contenders, among other incredibly qualified people. One is the Solicitor General of the country, a former dean of a prestigious law school that has previously served in the national government as Associate White House Counsel. This person graduated magna cum laude from that same prestigious university they were the dean of, and served as law clerk for one of the court officials held in common opinion as being an incredible mind for justice. The second contender, also a graduate of a prestigious law school, boasts time spent as a district attorney, federal court judge, and appeals court judge. With this contender’s name attached to a few high-profile cases and as the recipient of honorary degrees, awards, and professional memberships, it’s no wonder the honor of being in this high court is being tossed around as a possibility.

U.S. Supreme Court

Two people, incredibly qualified, are up for a position in this high court. What could possibly be up for discussion? Is there something hidden in a background check that might hinder the confirmation process? Did someone else forget to pay their taxes? No. The problem in question is that these two qualified contenders are women. Not only are they women, but they are rumored to be overweight women.

The two people in question are Solicitor General Elena Kagan and U.S. Second Circuit Court of Appeals Judge Sonia Sotomayor. Solicitor General Elena Kagan, Editor of the Harvard Law Review, graduated magna cum laude from Harvard Law School. She was law clerk for Judge Abner Mikva of the U.S. Court of Appeals for the District of Columbia Circuit as well as famed Justice of the Supreme Court Thurgood Marshall. She was appointed as the first female dean of that same school by now White House employed Lawrence Summers – a man whose opinions are greatly valued by a large part of the country. Under President Clinton Solicitor General Elena Kagan served for four years as Associate White House Counsel, Deputy Assistant to the President for Domestic Policy, and Deputy Director of the Domestic Policy Council. Court of Appeals Judge Sonia Sotomayor graduated from Princeton summa cum laude as well as Yale Law School where she was the editor of the Yale Law Review. President George W. Bush nominated her for a seat on the U.S. District Court in the Southern District, a position vacated by the President’s cousin. She now holds the title of Second Circuit Court of Appeals Judge as well as several honorary degrees from schools such as Northeastern University and Hofstra University among others.

Justice David Souter’s resignation does not mark the beginning of the road to the Supreme Court for either of these women. Solicitor General Elena Kagan’s name was floated before President Obama’s election last year as a potential supreme court justice should a position open up. Judge Sotomayor’s name was also suggested to President George W. Bush when it came time to fill retired Justice Sandra Day O’Connor’s position, but current Justice Samuel A. Alito, Jr as well as now Chief Justice John G. Roberts were both chosen before her on the argument that Sotomayor was not conservative enough to be accepted by President Bush.

One of the arguments this go round, which applies to both women, is that they are too fat to serve on the bench. As a faithful reader of the “Fat-O-Sphere” or the blog world of those pressing for equal rights between those regarded as too skinny, skinny, so-called average, overweight, obese, and every other name for a person’s shape, my eyes have been opened to the idea that one does not have to be a certain size in order to be healthy. Therefore I feel confident saying that the argument that a person, a woman especially, can be too fat to serve on this esteemed court to be valid as a means to disqualify either of the highly qualified women. No one has mentioned, however, as Paul Campos points out in his article in The Daily Beast on the same subject, that this same idea, that a person could be too fat to judge, has been applied to any of the male judges considered or sitting on the bench now.

Fat does not necessarily equal unhealthy. Yes, fat people can be unhealthy, but so can any male or any female regardless of physical shape. One of the arguments for these two women is that their fat is going to put them in an early grave therefore shortening their time on the bench. Since an appointment is for a life time and there are precious few slots and chances for appointment the health of a candidate is something that should be considered. Health can be a valid argument. Health, however, is NOT synonymous with weight. Fat cells cannot seep into the brain of a Supreme Court judge and influence them on how to rule in a case. In fact, in a technical sense, fat cells gathered together known as a myelin sheath is what is REQUIRED for nerve conduction to work most efficiently and for nerve health in general. Biologically, fat is needed as cushioning protection for organs, joints, muscles, and bones and can actually make you healthier and better able to respond to trauma in some cases. Judge Sotomayor was diagnosed with Type 1 diabetes when she was 8 years old. Judge Sotomayor does not produce insulin at all, which is not something caused by weight or lifestyle but is caused by the pancreas. I highly recommend that anyone questioning how the fatness of a candidate will affect that candidate’s weight read this blog by Fat-O-Sphere advocate Kate Harding entitled Don’t You Realize Fat is Unhealthy? for scientific proof that a candidate’s fat will not necessarily determine time spent on the bench. Similarly, for those concerned about Judge Sotomayor’s diabetes I would recommend a basic primer in what diabetes is and what the difference between the common types are.

Throwing the idea that a nominee to the court does not have to be thin to be healthy out of the way, the underlying issue is the same issue faced by Hillary Clinton, Sarah Palin, and even Meghan McCain – how dare a woman, pretty and thin, or not pretty and thin by society’s standards, dare climb the ladder to even get a better look at the glass ceiling above them, much less crack the glass? The issue behind the weight of Solicitor General Elena Kagan and Judge Sotomayor is the fact that fat is not liked by mainstream America and appearance is the only thing many Americans judge a woman on. Anyone possessing the qualifications these women do should have no problem attaining the high positions they have now and those even higher – however, for these two to have the audacity to be women possessing the qualifications puts them in a different category where judgment then rests upon looks. To be too pretty is to be mocked and not taken seriously, to carry more fat than a swim suit model and reach for any high position of power is unfathomable. Putting women into high offices and supporting them in the process of getting to those offices are two of the goals of The New Agenda. We will have their backs, and the back of every other woman, against those who try to destroy them in the media for issues not related to their ability to serve the country.