The JSC errs by thinking of itself as having a choice between either doing right by black people and women or giving some white men opportunities to contribute to the highest court of the land. That is a spectacularly false dichotomy that costs society.
It is grossly unacceptable for the Judicial Service Commission to be so coy about what the criteria genuinely are for eligibility to be elected as a constitutional court judge. More precisely, the JSC must be blunt about any exclusionary threshold requirements so potential candidates do not waste their time throwing names into a hat from which theirs could never be drawn.
The most obvious elephant in the JSC room is the racialised elephant. Does being white or a white male exclude someone a priori? If so, why not tell the likes of judge David Unterhalter and advocate Alan Dodson to not bother applying at all. But once you invite them for an interview, then the operating assumption has got to be that they are in with a chance.
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