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Our judicial system is broken and needs change—here’s why

Washington, United States
Washington, United States

Photo by Katie Moum on Unsplash

On Monday, the Republican-led Senate approved the nomination of Amy Coney Barrett to the Supreme Court. The confirmation vote came after one of the fastest, most partisan confirmation processes in the history of Supreme Court nominations. Barrett's nomination and subsequent confirmation are further proof that our judicial system is broken and in need of serious reform.

President Andrew Jackson once said, "all the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous judiciary." Meanwhile, former Associate Justice of the Supreme Court John Rutledge once said, "so long as we may have an independent judiciary, the great interests of the people will be safe."

When our nation's founders constructed our great nation and wrote the Constitution, they envisioned a judicial system free of the nefarious influences of politics as usual. They envisioned a Supreme Courtthat wouldn't bow to outside forces, from the left, right, or center. They envisioned justices who would apply the law without the involvement of political persuasions.

It is almost 250 years later, and it is abundantly clear that our judicial system has strayed from our founders' intentions. Recent judicial nominations for lower federal courts and the Supreme Court have produced some of the most partisan attacks in recent memory. But is that really a surprise?

No.

Judicial nominations have become hyper-partisan affairs—political slugfests. Politicians on the left and the right salivate over the power to nominate federal judges. Presidential contenders draw up plans on nominations before they're even in The White House — and why shouldn't they? They have the power to reshape judicial bodies and influence legal outcomes for decades to come. That is extraordinary political power —and it's also the problem.

I have no doubt that our founders legitimately wanted an independent judiciary, free from outside influences. However, that is simply not what we find ourselves with today. Judicial nominations are as political as anything else. Conservative leaders nominate conservative-leaning justices. Liberal leaders nominate liberal-leaning justices.

Conservatives are outraged by liberal judges, and liberals are outraged by conservative judges. It's simple politics. Meanwhile, when politicians fail to enact legislation or overturn legislation in Congress or the Executive Branch, they see the Supreme Court as a potential game-changer that can help them achieve their political goals and objectives.

As long as politics continues to have such a stranglehold on our judiciary system, we the people are going to continue to see our rights marginalized, our values dissected, and our nation pulled part.

The system is broken, and it needs to change.

Now.

Women founders continue to come up against common challenges and biases

Written by Kelly Devine, Division President UK & Ireland, Mastercard

Starting a business may have historically been perceived as a man’s game, but this couldn’t be further from reality. Research shows women are actually more likely than men to actively choose to start their own business – often motivated by the desire to be their own boss or to have a better work-life balance and spend more time with their family.

The recently published Mastercard Index of Women Entrepreneurship 2021 found that in the category of 'Aspiration Driven Entrepreneurship’ – capturing those who actively choose to start their own business – women in the UK surpass men: 60% vs 56%. And Mastercard research from February 2022 found 10% of female business owners started their business in the past two years compared to 6% of men – meaning women were 67% more likely to have started a business during the pandemic.

Yet, there are common challenges that women founders continue to come up against - not least the gender imbalance in the household and long-held biases which are still prevalent.

In the UK, women are almost three times more likely to be balancing care and home commitments than men, and this was exacerbated during the pandemic as the additional barriers of school closures and lockdowns meant that the care time of dependents rose significantly on a day-to-day level for women. In addition, women were less likely to have access to a home office, greatly impacting the work they were able to accomplish when working from home was the only option.

It's also widely known that female business owners are still more likely to struggle to access funding for their business ideas. According to Dealroom, all-women founding teams received just 1.4% of the €23.7bn invested into UK start-ups in 2021, while all-male leadership teams have taken almost 90% of the available capital.

Without financial support, and when juggling significant time pressures both at home and at work, how can women grow their companies and #BreaktheBias (as this year’s International Women’s Day termed it)? What tools or support can save them time and money, and give them the headspace they need to focus on building their business?

With female owned businesses collectively estimating revenue growth of £120 billion over the next five years, solving this problem is bigger than supporting women – it’s about supporting the national economy.

Using tech to level the playing field

There are clearly societal issues at play that need to be resolved. But when we look at the rise in technology businesses during the pandemic, we can plainly see an alternative source of support critical for business growth: digital tools.

A third of female business owners say new technologies will be crucial to the success of their business in the future and one in five say it is the most important thing for business growth.

With new technology comes new ways to pay, create, and work. And yet there are barriers that prevent business owners accessing this technology. Women are significantly more likely to say they want to use more digital tools but don’t know what is best for their business and also more concerned about the security of digital tools.

When technology is adopted by businesses – whether using online accounting solutions or messenger services for communicating with staff – it saves them time, allows them to maintain and grow their customer base, and ultimately increases cost savings and profit.

By drastically improving the training and support that is available to women-owned business to access and utilise technology we will allow these businesses to grow and succeed. And we know there is demand for it.

Research done by the IFC and Dalberg shows that female entrepreneurs are more likely to invest time and money in business development. This includes product development, customer base expansion, and digital tools and training and there are plenty of services available offering this type of support – many of them for free.

One such programme is Strive UK – an initiative of the Mastercard Center for Inclusive Growth – which aims to reach 650,000 micro and small business owners across the UK and empower them with the tools they need to thrive in the digital economy through free guidance, helpful tools and one-to-one mentoring.

Working together with small business experts – Enterprise Nation, Be the Business and Digital Boost – we hope to ensure hundreds of thousands of UK female business owners have the tools they need to succeed and reach their ambitious goals. Because this ambition remains strong in the UK, with female business owners largely optimistic about the future despite the multitude of challenges they are facing. Four in ten say they will grow their business in the next five years – compared to only a third of male business owners – and they’re also 35% less likely than men to say they plan to downsize or close the business.

But if we do not empower female entrepreneurs to access the tools and technology they need to grow, there is a risk this optimism could be misplaced. Support programmes that provide business owners with guidance and mentorship can help ensure this isn’t the case, allowing female entrepreneurs to not only survive but thrive in the months and years ahead.