Critics focus on Sotomayor speech in La Raza journal
By Alexander Bolton
Posted: 05/27/09 01:36 PM [ET]
Senate Republicans investigating Sonia Sotomayors record are zeroing in on a speech she delivered in 2001 in which she stated her hope that a wise Latina woman with the richness of her experiences, including appreciation for Latin-American cuisine, would more often than not reach a better conclusion than a white male who hasnt lived that life.
They are also taking a close look at the Supreme Court nominee's skepticism, expressed in the same speech, about whether it is possible for judges to transcend their personal sympathies and prejudices.
Sotomayor delivered the Judge Mario G. Olmos Memorial Lecture in 2001 at the University of California at Berkeley School of Law. The Berkeley La Raza Law Journal published the lecture the following year.
Conservative critics have latched onto the speech as evidence that Sotomayor is an activist judge, who will rule on the basis of her personal beliefs instead of facts and law.
Personal experiences affect the facts that judges choose to see, Sotomayor said. 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.
Sotomayor also claimed: For me, a very special part of my being Latina is the mucho platos de arroz, gandoles y pernir rice, beans and pork that I have eaten at countless family holidays and special events.
This has prompted some Republicans to muse privately about whether Sotomayor is suggesting that distinctive Puerto Rican cuisine such as patitas de cerdo con garbanzo pigs feet with chickpeas would somehow, in some small way influence her verdicts from the bench.
Curt Levey, the executive director of the Committee for Justice, a conservative-leaning advocacy group, said he wasnt certain whether Sotomayor had claimed her palate would color her view of legal facts but he said that President Obamas Supreme Court nominee clearly touts her subjective approach to the law.
Its pretty disturbing, said Levey. Its one thing to say that occasionally a judge will despite his or her best efforts to be impartial ... allow occasional biases to cloud impartiality.
"But its almost like shes proud that her biases and personal experiences will cloud her impartiality.
Conservative critics say that a willingness to rule on the basis of personal values instead of the law and legal precedent is at the core of judicial activism. And some Senate Republicans have said a nominee with a clear propensity toward activism would deserve a filibuster.
Levey, who has been in contact with other conservative activists and Republicans on Capitol Hill, predicted that the speech would be raised at Sotomayors confirmation hearing.
I cannot imagine that Sen. Sessions and some of the other Republicans will not bring that up, he said in reference to Sen. Jeff Sessions (Ala.), the ranking Republican on the Judiciary Committee.
Its fine to identify with Latina heritage all she wants, just not in the courtroom, he said.
The Berkeley La Raza Law Journal did not respond to a request for comment.
In her 2001 speech, after citing legal thinkers who called on jurists to transcend personal biases, Sotomayor questioned whether judges could in fact escape such prejudices.
While recognizing the potential effect of individual experiences on perception, Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law, Sotomayor said.
Although I agree with and attempt to work toward Judge Cedarbaum's aspiration, I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.
Some Republican critics say these statements raise concerns about whether Sotomayor, who was raised under modest circumstances in the Bronx, would serve as a neutral arbiter in a case pitting a wealthy white male against a less wealthy man or woman of color.
In her most controversial decision, Sotomayor ruled against 18 white firefighters, including one Hispanic, in their lawsuit against New Haven, Conn., after city officials scrapped a promotional test that showed the plaintiffs more eligible for advancement within the fire department. The white firefighters scored much better than their African-American peers on the test.
Concerns about Sotomayors activist view of the law prompted 29 Republicans to vote against her nomination to the 2nd Circuit Court of Appeals in 1998.
I think 29 senators voted against her last time, Sessions said in a CNN interview Wednesday. I think there was an unease maybe about her background and her tendency to activism. We'll just have to go back and look at the record and see what most people felt.
Sessions voted against Sotomayors nomination.
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Idiot Republicans. Always a day late and a dollar short.
They're ALLLLLLLLLLLLLLL communists. Period ... dems/reps/independents ... all of them. Federal = feudal. It's a feudal state, they're the nobles and you're the vassals, tenants and serfs ... if you're in the system you have agreed to it (even though a good deal of fraud was utilized to fool ya !)
Resolve to serve no more, and you are at once freed. I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break in pieces.
They have no culture, just like blacks, and will always be on the bottom.
Aztec warrior, har har. These people know nothing about the Aztecs. If they did, they'd know the tribes the Aztecs conquered and used for human sacrifice allied themselves with the Spanish.
Morons.
Dancing Turtles and Bouncing Boobs...that's Turtle Island.
They are also taking a close look at the Supreme Court nominee's skepticism, expressed in the same speech, about whether it is possible for judges to transcend their personal sympathies and prejudices.
She's right. It's not exclusive to whites, and it's not a vice. It's normal and natural.
Just substitute the word "entropy" wherever liberals write "diversity" and everything makes sense.
She's right. It's not exclusive to whites, and it's not a vice. It's normal and natural.
Newt Gingrich's bombastic declaration that Sotomayor is a (bad) racist has the stench of multiculturalism all over it. Sotomayor is just pursuing identity power, just as MacDonald warns us that whites should do. We can do it with principle. I say a Latina judge who thinks white males can't be as wise as she is and who has written that the second amendment actually negates personal rights to firearms will not act in my interest. She's clearly going to pursue an anti-patriot, anti-traditional, anti-white liberty set of values on the bench, just as she has demonstrated before.
Orrin Hatch disagrees with Newt Gingrich on whether Sotomayor is a "racist." (CNN video.)
I'd like to let it be known that I don't see much of anything at the government level being done in my interests. If I were of any other race, pundits would be calling the government racist.
I don't see much difference between Kid Frost and Sonia Sotomayor. She may be worse, because she wants to wield the power of the entire federal government to change society, whereas he just wants to pack one "gat."
For me, a very special part of my being Latina is the mucho platos de arroz, gandoles y pernir rice, beans and pork that I have eaten at countless family holidays and special events.
None of that changes one word in the Constitution or what any of them mean. Nothing wrong with the menu--rice, beans and pork--in fact that's some good eating when it is fixed right. But it has absolutely nothing to do with the Constitution.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
She will be very interested in the Constitution when she puts the frijoles down and puts on her supreme court robes. She'll be reinterpreting it continually. If you can make the second amendment into a ban on personal firearms ownership, you can read an English sentence any way you damned well please. And she will. And it will all be anti-white in one way or another.
That's the problem with just about all the "judges." They go looking for "penumbras" and unicorns and other stuff that isn't there because they think they should be there. And will tell you they are but they are the only ones who can see them.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton