But, as we again look at our icon, a troubling reality confronts us: Justice is not simply a woman, she is a blindfolded woman. Why this blindfold? The standard assumption among legal scholars is that Justice herself tied it. But if we accept this explanation, we must wonder why Justice chooses to separate and distance herself. Does she not consider the circumstances of a dispute relevant to its resolution? . . . . Perhaps Justice is not a feminist.
Or perhaps Justice did not choose to be blindfolded. In such a case--where Justice was blindfolded by someone else--our suspicion that Justice has been "similarly situated" appears verified. Blindfolded, Justice cannot see that she is a woman; not realizing that she is different from other women, she is deprived of all the advantages and disadvantages such recognition would bring.
Or perhaps Justice did not choose to be blindfolded. In such a case--where Justice was blindfolded by someone else--our suspicion that Justice has been "similarly situated" appears verified. Blindfolded, Justice cannot see that she is a woman; not realizing that she is different from other women, she is deprived of all the advantages and disadvantages such recognition would bring.
It may be true, as many have observed, that the blindfold ensures Justice's impartiality towards those with more power and influence than she. But at the same time, the blindfold ensures Justice's impartiality towards those with less power than she, those who are, in some sense, disadvantaged. Unable to see whatever systemic disadvantages this latter group faces, unable to see her own membership in such a group and thereby possibly understand the nature of their plight, Justice can make her decisions based only on a limited set of facts before her. . . .
We may hope that Justice, though blindfolded, realizes her gender through non-visual means. From a feminist standpoint, the blindfold may even have served some positive purpose, in heightening Justice's other senses, allowing her to "see" what may not always be visible. But the time has come to fully restore Justice to all her senses. It is time Justice employed all her powers in overseeing the law. It is time she cast off her blindfold.
