When a white man gets onto the Supreme Court, it's because of his legal credentials, because he got no points for diversity, but when a woman or a member of a minority group makes it onto the Court, she (or he) will be forever marginalized as an embodiment of the quality or qualities that clinched the appointment, even though excellent legal credentials were required for her to make it into the pool of finalists. Don't you see how unfair this marginalization is?
What makes it a fallacy, you say? Well, there is no reason to marginalize a woman or a minority when they are considered amongst a diverse group of the finest legal minds around, regardless of gender, race, or creed. However, when a President chooses to only consider one demographic for his nomination, it is perfectly fair to wonder if that person was the best of the best, or merely the best of the best of a very small select sliver of the available options. Unfortunately, racial and gender politicization have thrived on misconceptions like those of Ms. Althouse.