Emily Bazelon has an interview with Ruth Bader Ginsburg in Tuesday's New York Times, in which she talks with the judge about both Sonia Sotomayor's impending confirmation and Ginsburg's own role as the sole woman among the nine members of the high court. One of the most interesting points comes when Bazelon asks what she thinks of Judge Sotomayor calling herself a product of affirmative action.

Says Ginsburg:
"So am I. I was the first tenured woman at Columbia. That was 1972. Every law school was looking for its woman. Why? Because Stan Pottinger, who was then head of the office for civil rights of the Department of Health, Education and Welfare, was enforcing the Nixon government contract program."

And, later:
"I never would have gotten that invitation from Columbia without the push from the Nixon administration. I understand that there is a thought that people will point to the affirmative action baby and say she couldn't have made it if she were judged solely on the merits. But when I got to Columbia I was well regarded by my colleagues."

The best possible argument for affirmative action seems to be that incredibly successful and unquestionably qualified people like Ruth Bader Ginsburg point to it as a means of getting a foot in the door. It was her record as a scholar, her penchant for research, and a brilliant understanding of the law that ultimately built Ginsburg's reputation and propelled her forward in her career. Still, getting noticed and being put on the list of potentials in the first place was important to her path to the Supreme Court.

Of course, if Columbia hadn't come around, I have no doubt that Ginsburg would have found other opportunities and still gone on to incredible success. The loss wouldn't have been Ginsburg's -- it would have been ours.

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