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Some questions about the possible sexism of the way the NYT portrays Judy Clarke, the public defender in the Tucson massacre case.

Jared Loughner's lawyer has an "unassuming, almost motherly way," the NYT informs us. Judy Clarke, we're told, achieved an "essential act[] of lawyering... when she patted Mr. Loughner on the back in court last month, leaned in close and whispered in his ear."

Let's talk about the degree to which it's currently considered acceptable to ascribe lawyerly skills to gender.

Is the NYT being sexist? Is it okay because it's kind of subtle?  Is it okay because if there's a special goodness in femininity, it lends momentum to the progressive trend of including more and more women in the legal profession?

If the answer to the last question is yes, imagine a similar statement made about a male lawyer, suggesting that his maleness brought extra value to his lawyering: Would that not be okay? If not, is that because you can say (in so many words) that it's better to be female, but it's retrograde to say (subtly as well as unsubtly) that it's better to be male?

If you've bought into the notion that it is acceptable to say (with some subtlety) that it's better to be female, because that seems progressive, why is it progressive to promote women using the traditional stereotype of women as maternal and nurturing? Why isn't that precisely what is sexist?

Do you think, in the long run, it is helpful to the success of women in the legal profession to portray them as good at mothering and being sensitive to other people's feelings?

Full post as published by Althouse on February 13, 2011 (boomark / email).