Yesterday I had feared/lamented/complained that Sonia Sotomayor was an under qualified candidate for the supreme court. While I did not go into great deal, my main issues were her apparent belief that judging is based in empathy, not reason and law – ALSO – the fact that she made borderline racist statements.
I worried that no one, Republican or Democrat, would stand up and say this individual is more of a show position for Mr. Obama than the best person for the job. While very few politicians have pointed out the fact that she has a 60% reversal rating, one former politician has pointed out the hypocrisy that race plays in this process:
Imagine a judicial nominee said “my experience as a white man makes me better than a latina woman” Wouldn’t they have to withdraw? New racism is no better than old racism.
A white man racist nominee would be forced to withdraw. Latina woman racist should also withdraw.
He is right. Had a white man said such a thing, everyone would be all over him. Not only would he be forced to withdraw, he would be branded as a racist for the rest of his life.
To be clear, here is what Sotomayor had said:
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.
She is right, there is no universal definition of wise. That said, at best, the second part of the statement is poorly worded and at worst, she is sexist and racist. Two people of different backgrounds will not – most likely – arrive at the same conclusion. Problem is this: when you are a judge, you need to adhere to the LAW and not make decisions based on your life experiences with no regard to the law. If the LAW was broken you cannot simply dismiss the actions of an individual because of their race.
Let’s say the comment is not racist. It is then a highly insensitive position for a public figure, one who “makes policy” (her words, not mine) and one who is supposed to be unbiased, to voice.
The comment above, along with others, is a very disturbing patter that can be seen with Sotomayor. Not only is she under qualified, she is simply the wrong person for the job. This is not about political party, this is about having a qualified individual in the role. A brave politician on either side of the aisle needs to take a stand.
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