Speaking for the Older Women: On Obama and Clinton

I have spent more than 40 years of my near-80 in public service as a federal judge, international judge, public interest lawyer and government official. A veteran of the woman's movement since its infancy in the 1960s, an ardent Democrat and an equally ardent supporter of women's right-to-choose, to work, to live as we see fit, and yes, one day to elect a woman president. I hail the advances in my lifetime that have resulted in Senator Clinton's dynamic bid for the presidency.

But women my age fought for the opportunity to be judged on our skills, talents and abilities, not on our gender, and that is the standard by which Senator Clinton's candidacy should be judged. Perhaps we were naïve, but legions of us believed that if we were allowed to enter the game alongside men, we would prove our worth.

Which is a prelude to why I now support Barack Obama and why a woman of my age would spend 8 days on the icy streets of Cedar Rapids, Iowa, campaigning for him.

As someone who cares mightily about restoration of our country to conditions under which my grandchildren live and flourish, I have carefully assayed the dueling claims of Senator Clinton and Senator Obama to lead the nation. Senator Clinton proclaims a decisive advantage in experience that notably bears responsibility for some damaging policies as well. During my time on the bench, I saw the largest incarceration boom in the nation's history even as crime rates slowed. The 1995 "tough on crime" legislation sponsored by the Clinton White House, for which the First Lady lobbied, expanded the federal death sentence and gave fiscal incentives for states to legislate "truth in sentencing" laws. The Administration also supported a federal "three strikes" law patterned after California's that overwhelmed prisons and legislations that pushed youthful offenders into adult institutions.

The cumulative result of the policies was a generation of young men and women, heavily tilted toward minorities, which suffered more severely than their crimes warranted. Credible researchers and political leaders later repudiated these policies for their costliness, ineffectiveness in improving public safety, and devastating impact on families and minority communities. Since then Senator Clinton has shown reluctance to support retroactive application of the sentencing reductions for those in prison for crack cocaine violations whose penalties have since been drastically cut by the U.S. Sentencing Commission.

Senator Clinton's career, in my view, is that of a cautious and expedient legislator. Her ambivalent attitude toward the Iraq war -- particularly her failure to read the critical intelligence report before voting to authorize military action -- gives me pause when considering her claims to leadership and change.

I am impressed with Senator Obama's record. His well-documented years organizing and unifying poor communities in Chicago give him first-hand knowledge of conditions on the ground that a new President will surely need in tackling the still intractable issues of race and poverty. He has been an unwavering supporter of women's right to choose, despite the Clinton campaign's repeated misstatements of his record. He has played a leadership role in Illinois for children's health insurance and tax credits for working class families. As someone whose career has been in law enforcement, I especially admire his unremitting honesty and respect for law. His opposition to the Iraq war at a time when political leaders overwhelmingly supported it reflects sound judgment.

To be old means to remember, and that can be both a blessing and a curse. I recall a time in the 1960s and 1970s when many of us believed passionately in the power of Government and in ourselves to be positive forces for change. We sought visionary leaders who could appeal to our inner angels. I remember Robert F. Kennedy saying in 1968, "I dream of things that never were and ask why not" and how he voiced the longings of our country to go forth together: black, white, Latino, poor, rich, young, old, male, and female to fight poverty and injustice.

It has been 40 years since we have heard so soaring an appeal. Today we hear that appeal from Barack Obama. My ten grandchildren and their peers need not be seared by our failures and our mixed memories. I want them to be moved by the same idealism that once moved us. We should not deny them the chance. For all Senator Clinton's talents, skills, and accomplishments, Barack Obama provides the greater hope.

Comments

[JohnCP]

Since media have had their intended effect, that being to destroy Hillary's campaign, by any means possible, let me make a probably futile effort to make the point that gender bias is so strong in our society, in large part because the majority that feel it aren't aware of it, that the judgement made about someone like Hillary will be to subordinate a feamle candidate, and not what nearly everyone here believes. It isn't that Sen. Clinton might have been voted for "because" she was a woman, it's that a huge number of people "would not" have voted for her because she was a woman. That is a far greater likelyhood.

Race is behind half of the votes for Obama. Why is nearly everyone afraid to mention this obvious fact. Half his supporters are not only voting for him because of race, his opponents feel guilt and shame openly criticizing him because they fear being acused of racism. Why do you tolerate this form of racism, but are unwilling to tolerate a gender bias in Hillary's favor? Do you mind when there's a gender bias that works against Hillary? This gender bias phenomenon is interesting. Theoretically, you could have a male that promotes gender fairness and he would be enough to insure the end of a bias against a woman, for the first time, in the presidency. Since we're not supposed to take a woman's gender into acount when we vote for her. But the reality is, that until we have a "woman" president, we will not have dealt with gender bias in that highest office. It's silly to say that we shouldn't take a gender into account when voting for a woman. Her gender is a factor in our vote for her. We're not opposed to gender bias simply in the abstract. We should be more concerned about this bias in the reality of gender, in the fact of a woman.

[gba]

Rezko

[bauersox]

And don't forget Kakugawa. And Alice Palmer.

[charley0008]

Thank you, its about time someone spoke up on this issue for those of us who fit into that 'older' womens group. Those of us who have been active in the women's movement for years never asked for favors we asked for 'equality' and to be judged on our abilities, confident that we could rise or fall on our own merits.
When I hear women claim that Senator Clinton should be elected because she is a woman I am dismayed because that undermines what we stood for and suggests that we should turn a blind eye to capability. Senator Clinton owns her past and her performance and on that basis she should be judged. On that basis I chose to support Senator Obama.

[bauersox]

I think it's the height of presumption for Wald to be "speaking for the Older Women." She sure as heck isn't speaking for me, or my daughters.

And Wald's rationale is that she's fallen for the dreary hot air rhetoric about "idealism" "inspiration" and "dreams". Blowhard crap like that belongs in a pulpit. It definitely has no place in the Oval Office.

How is "idealism" going to solve the financial crises we're in and get us out of the recession. How are "dreams" going to help us make an orderly exit from Iraq?

[Ides]

Well said, I appreciate the perspective.

[davidly]

The Clintons helped establish a more private way of prison life. I wish you had mentioned these:

http://www.southendpress.org/2004/items/KUDJ/Excerpt

http://www.correctionscorp.com/

[FogCityJohn]

No one familiar with Judge Wald's long service on the U.S. Court of Appeals for the D.C. Circuit will be surprised by her carefully reasoned and eloquently argued post. Thank you, Judge Wald, for helping to raise the level of debate not only here on Huffingtonpost but within the Democratic Party in general.

Judge Wald's post should serve as an example to partisans in both the Clinton and Obama camps. This is how reasoned, respectful, and fact-based debate is conducted. As we press the case for our favored candidate, we should strive to imitate Judge Wald.

[bauersox]

A judge who is persuaded by mush? No thank you.

[teahead]

Beautiful words that I hope resonate w/Clinton supporters to change their line of thinking.

Obama/Sebelius 2008!

[ReasonIsMyReligion]

You're kidding, the automaton who delivered the flat-line response to the SOTU?

[LoloZ]

Awesome post, Ms. Wald. And coming from someone such as yourself, with your accomplishments, lends credibility to the to judgement of Hillary and her accomplishments. Any criticism against her is seen as mysogyny. Granted, the press isn't always kind, but there is plenty to criticize.

[gcee]

Judge Wald, thank you for this well written piece!!!

[Marrob]

Boy, a lot of people are porjecting their hopes and dreams of the untested politician. What are you going to do when he loses to McCain? I assume there will be a lot of democrats out of the legdes of tall building ready to takethe head first leap into never never land.

[Lindy222]

Amen! To join the parade, I'm a 56-year old white woman who supports Barack Obama, for all the reasons set forth here. Thank you.

[ReasonIsMyReligion]

Amazingly great post. Thanks.

I would be happy to support Obama in the general, but voted Hillary in the primary with no regrets (save for that Al Gore wasn't an option).

At this time in our history, I'm for rule-of-law pragmatism before hug-em-all idealism. The current administration has proven itself a party of criminals with utter disregard for the Constitution that has yet to face its day in court.

I want a candidate who appreciates that, not overlooks and appeases that.

I was a kid at the time, but I remember Robert Kennedy as being pretty hard-nosed. He also did not run against a backdrop of such rampant unconstitutionality. Would he be preaching "togetherness" today, or accountability and rule-of-law?

Who will be Ford to Bush's Nixon? Not Hillary. Obama? I'm not as sure.

Welcome to HuffPo. You may now add "blogger" to your long list of credentials. I'm an instant fan.

P.S. Please consider future columns about FISA (and retroactive (unconstitutional?) immunity), Gitmo, etc.

[Ides]

Ford? Didn't he pardon Nixon and drag out stagflation...?

[KSH]

A very factual post. Thank you for pointing out things that people have forgotten about. If Mrs. Clinton wants to be jugded on her record then she should be. Even when she lobbied for the three strikes law. I will require the same thing from Mr. Obama - his record is what I am going on and why I am supporting him 100%!

[DennyCrane]

Thank you so much for posting this. When I saw the title, I assumed you would be in support of Hillary Clinton. I've lost count of the number of women I've heard who say they are supporting Clinton because they want to see a female president. I'd like that too, but I don't believe in voting for (or for that matter against) someone based on their gender. And older women in particular have been supporting her because they feel like after all the struggles for equal treatment, that it's about time we had a female president. But I tend to think that's an awful reason to vote for someone. Vote for them because you think they're the most qualified, not because you're trying to prove a point or make history.

[liveandlearn]

yes, you hope he can lead us all to a better world. while hillary's rhetoric isn't as pretty, her preparation is better to accomplish her platform. i hope hillary wins the nomination and lets barack develop more details for the next time.

[Moose49]

Well said! Beautifully written.

[JLindsley]

Wonderfully said and a significant statement from a woman who has seen some of the less positive ramifications of the Clinton ideology in practice. I hope this letter is widely read.

I too have campaigned, phoned and contributed because for me, Senator Obama's message, the life he has lead as well as the amazing campaign he has waged - inspires me as no candidate for President has since my first vote for President Kennedy.

If there is a Grannies for Obama movement, count me in!!

[Barbwire]

What you said! I'm a sixty-six-year-old white woman, and I support Obama for the reasons you articulate so much better than I could. I see in him a man who can restore the Constitutional basis of our government, our international credibility and respect, craft an intelligent and workable health care policy, and jump start our efforts in combatting global warming. I have seven grandchildren, and I want them to live in a democracy with sustainable energy.

[patrice37]

Judge Wald, thank you so much for reminding us of the Clintons' record on criminal justice. They presided over the evisceration of habeas corpus, the muzzling of the judiciary and, just for a nice emotional fillip, the execution of a retarded man in Arkansas. At the same time, Barack Obama was fighting successfully to require the videotaping of police interrogations in Illinois, not because there was any political percentage in this but because it was just.

[BufoAmericanus]

This is a post that has been waiting to be made, since urban America was attacked by the Culture war.

Thank You.

[mommadona]

"But women my age fought for the opportunity to be judged on our skills, talents and abilities, not on our gender, and that is the standard by which Senator Clinton's candidacy should be judged. Perhaps we were naïve, but legions of us believed that if we were allowed to enter the game alongside men, we would prove our worth.

Which is a prelude to why I now support Barack Obama and why a woman of my age would spend 8 days on the icy streets of Cedar Rapids, Iowa, campaigning for him."

A big thank you from another old lady with the same perspective.

I'm an Independent, so encourage Obama to "give me his best shot" and I just might consider him.

Otherwise, I'll just be staying home this time around.

[Poboy]

I remember you...not as a female Judge or White Judge but as great Judge.

[photochick]

Yes We Can.

Obama '08

[arielwire]

This needed to be said, and you did it brilliantly. Thank you.