Friday, May 29, 2009

Sounds like it to me.

Some are trying to say that Judge Sotomayer, His Imperial Majesty's nominee for the Supreme Court, isn't really racist, and if we say she is, it's just our own misogyny and racism talking.

Power Line blog has a link to the full text of the "Latina Woman" speech, with some excerpts.
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. 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.
and
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.
"The facts that judges choose to see. "

CHOOSE to see?

Maybe it's an "empathy" thing, maybe it's because I'm just a middle-aged white male, and we all know what idiots they are, but aren't judges supposed to consider all the facts? And especially, on the Supreme Court, the law?

Granted that she said she "hopes" that a Latina would be wiser, not "I believe in my bones that a Latina would be wiser". Still, it sure sounds to me like her statements were not taken out of context, and her words were chosen deliberatly: She really does believe that she is wiser than any white man, by virtue of being a Hispanic woman.

Yep, sounds like racism to me.

No comments: