"There's a sorry history of these kinds of charges of bias being leveled at women and judges of color, and also gay and lesbian judges. The theory being that they're going to be incapable of a disinterested judgment on matters that involve their own identity groups. And it came up famously for Constance Baker Motley who was one of the first African American federal judges in a case involving sex discrimination."

Source : "What Would Brandeis Do?". "Amicus" with Dahlia Lithwick, www.slate.com. June 16, 2016.

Deborah Rhode

You may also like: