Chief Justice Marshall Told Cheering Crowd in 2000 to Elect "Women" and "Those Interested in the Interests of Women"
 By MassNews Staff
             We must elect "women and those who are interested in the interests of women," Margaret Marshall told a cheering audience at the "Women 2000" conference in Worcester, the year after she was appointed Chief Justice of the Supreme Judicial Court by her neighbor, Bill Weld.
            Marshall appeared to believe that men and women have totally divergent interests and are unable to work together.
            She intimated that the Democrats, not the Republicans, are the friends of women. She noted that four of the seven justices serving on the Massachusetts SJC at that time were women and quickly added: "Three of the women were appointed by Republican governors. I think it means that women have faced enormous obstacles, but they have also been supported in different degrees from all kinds of places, expected and unexpected."

 Unaware That She Must Remain Neutral

            Marshall was oblivious to the fact that judges are not expected to be partisan, but to be neutral in all matters.

            She also seemed unaware that she should not discuss issues which could come before her and she discussed the issue of abortion, revealing that she still favored it.

She noted that until the sixties, there hadn't been a lot of notice from the courts. Then she stated:

            "Partly through certain decisions, like Brown v. Board of Education, like Roe v. Wade, like the school gun cases," the citizens have come to appreciate the importance of the Court. She emphasized that the President can only nominate, subject to advice and consent of the Senate. We have to elect people to the Senate who will act as we want, she said. "This is the hard work of democracy. You can't look at it and say this president is going to put that judge on" and give us what we want. Therefore, she advised the attendees to consider their votes for Senator most carefully.

            Justice Marshall began by stating her deep belief in the constitutional system, first set forth in Massachusetts, wherein judges serve not for a limited term, but for life appointment (except for age limitations), and where salaries cannot be cut. Removal is very difficult. This ensures an independent judiciary. She credits John Adams, and possibly "his excellent wife Abigail," for this system. As for worrying about our future, "History is replete," she said, "with justices being appointed to the United States Supreme Court who turned out different" from what was expected.

            She identified as one of her main themes: "While it may seem easy to go and ask a judge to issue a ruling --- as is our right --- the real hard work of democracy comes through our elected representatives whether they be in labor unions, city councils, or Congress."

            To listen to Marshall, one would think the feminist victory was almost complete, especially in the legal field. Women accounted for only a very small minority of law school graduates just 25 years ago. "Today it is well nigh impossible to look at any law school and not see 50% or greater of the graduating class is women. That is a stunning, stunning change. And perhaps where women have been the most successful has been on the bench where they are not required to run for office. Massachusetts is one of a very small number of states where judges do not run for office. ... But we have done well where there has been an appointive process because I think there is little doubt in anybody's mind here today that when one looks primarily and significantly at competence, women face no barriers."

            Her closing admonition: "The gender revolution" will continue only if you "exercise your right to vote at every opportunity that you have."