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With the nomination of Elena Kagan for Supreme Court justice, the highest court in the land is poised to have three women--its most ever--and no Protestants. Venturing into the social issues of the gender and religious makeup of the court is always dicey, but legal blogger Ann Althouse tackled both in a discussion with Double X's Emily Bazelon.

Observing that Kagan and current justices Ruth Bader Ginsburg and Sonia Sotomayor all lived in New York City, Althouse mused: "Why are the only women that get the job New York women?" Picking up steam, she added: "And it may just be a coincidence that the Supreme Court is entirely made up of Catholics and Jews. .. Did that just happen? I think it's beyond weird. I don't think it's just by accident. I think it happened for various reasons."

"Because it's a safe place to put Catholics and Jews because they study a lot?" asked an incredulous Bazelon. Sensing danger, Althouse slowed down, explaining that if she tried to articulate her inchoate thought process, "it would probably sound bad."


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