Saturday, May 30, 2009

Sotomayor: The Smear is Underway

It's amazing how clearly some people see racism when they perceive it is directed at them, and how blind they are to it when it is directed at others.

Over at the Willie Horton Party, their resident experts on racism – Newt Gingrich, Tom Tancredo, Rush Limbaugh, and Faux News – have worked up a real race-baiting froth over a comment Sotomayor made 8 years ago:

I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

President Obama has said he thinks she would rephrase that, but here are the words she spoke immediately before and after that sentence:
Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.

Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Others simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.
Do you think maybe that first sentence has taken out of context? She is saying we are the product of our experience. Well, duh!

Charles Blow's column today gives some background on real racism – some of it sitting on the Supreme Court right now. It's well worth the read, and much better than this post.

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