Engaging the culture by challenging the status quo
Eugene Robinson of the Washington Post deliberately leaves out some important facts in his latest column to make his case for Supreme Court Justice candidate, Sonia Sotomayor.
“Republicans’ outrage, both real and feigned, at Sotomayor’s musings about how her identity as a “wise Latina” might affect her judicial decisions is based on a flawed assumption: that whiteness and maleness are not themselves facets of a distinct identity. Being white and male is seen instead as a neutral condition, the natural order of things. Any “identity” — black, brown, female, gay, whatever — has to be judged against this supposedly “objective” standard.
Thus it is irrelevant if Justice Samuel A. Alito Jr. talks about the impact of his background as the son of Italian immigrants on his rulings — as he did at his confirmation hearings — but unforgivable for Sotomayor to mention that her Puerto Rican family history might be relevant to her work. Thus it is possible for Sen. Jeff Sessions (R-Ala.) to say with a straight face that heritage and experience can have no bearing on a judge’s work, as he posited in his opening remarks yesterday, apparently believing that the white male justices he has voted to confirm were somehow devoid of heritage and bereft of experience.”
If in his view Republicans see “whiteness and maleness” as some sort of neutral condition, Democrats view diversity alone as the personification of neutrality. Is there really a difference? Or does one perspective score more political points than the other?
Robinson then goes on to make the argument that her Puerto Rican heritage alone is really the main reason why her critics are not feeling her. He goes on to bolster his point by mentioning how Justice Alito also mentioned the impact of his heritage (Italian) on his career and how he did not receive any criticism.
Here’s the difference.
While Robinson is accusing White, Right-wing justices of using their “Whiteness” to make judicial decisions, he provides no evidence. Cases like Powell v. Alabama, Shelley v. Kraemer, Brown v. Board of Education of Topeka, Heart of Atlanta Motel, Inc. v. United States, Loving v. Virginia, and others which benefited Black folks were all decided by a bench made up of mostly White justices. Had these cases been decided on the heritage of these justices, they would have never passed as many Whites in that era tolerated the unfair treatment of Blacks.
Second, Robinson neglected to mention that Sotomayor was a member of both La Raza (“The Race”) and the Puerto Rican Legal Defense and Education Fund. Nothing wrong with that, right?
Actually, both organizations have aggressively pushed for legislation that would ultimately usurp current immigration laws here in the US. From extending health government health benefits to illegals, relaxing driver’s license standards, to pushing for law that would require taxpayers to foot the bill for illegals who want to go to college. Make no mistake about it, the only “illegals” they are concerned about come from our southern border (and both their name and record proves that). While many people may not have a problem with this, what they do not realize is that this type of legislation forces millions of Americans to compete for resources (bought and paid for by the US taxpayer) that are now being doled out to non-US citizens. One only has to look as far as the Los Angeles Unified School District to see how the bending of US immigration law has helped plummet that district to a embarrassing low national ranking. Sotomayor’s association with these organizations and the comment she is now trying to water down:“I would hope 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.” shows that she is clearly putting race above the law. And let’s not forget her belief that the “Court of Appeals is where policies are made“.
The whole notion that suggests that if someone is either of your race or close to it will automatically have your best interests at heart has been proven false from the street to the White House. Yet Blacks and Hispanics in on this particular issue continue to play the role of “Buggin Out”, believing that “more brothers on the wall” alone will make the world a much better place. Based on Sotomayor’s beliefs and record (not the “beliefs” that she is spouting off now, but what she has said repeatedly over her career), would she stick to the rule of law if a case between a Hispanic and Black American came to the bench? We already know how she ruled in the case between White and Black firefighters (and even that was turned over by the Supreme Court). Again, it is Sotomayor who has credited much of her career and her decisions based on her racial perspective (something she has boasted repeatedly).
Robinson’s argument for Sotomayor is based on the same twisted logic he is accusing White Supreme Court Justices of using. He just doesn’t realize it.

6 Responses to
GettingMaking it twistedSaudia
July 15th, 2009 at 1:57 pm
It is foolish to believe that personal experience and cultural perspectives don’t play a role in the decision making of judges.
S. Cain
July 15th, 2009 at 5:48 pm
“Por La Raza todo. Fuera de La Raza nada.”
(For the Race everything. Outside the Race nothing.)
I am not amused about this prolonged insulting of intelligence masquerading as a confirmation hearing.
Purple Avenger
July 15th, 2009 at 11:47 pm
It is foolish to believe that personal experience and cultural perspectives don’t play a role in the decision making of judges.
The law is supposed to be color blind…you know…”equal protection” clause in the Constitution and all that kinda stuff.
If there is a judge who ignores the equal protection clause, we don’t need them holding a seat on the highest court.
While the law is supposed to be color blind, its IMPLEMENTATION out in the field may not necessarily be.
Do not confuse the law with its implementation. They are two entirely different concepts. The whole body of civil rights law enacted in the 60’s was due to IMPLEMENTATION failures in certain areas that necessitated more detailed dictates to certain recalcitrant parties than citing “equal protection”.
Enigmatic Boy
July 16th, 2009 at 6:11 pm
Meh, all judges show/have favoritism towards a specific group, cause, what have you. She should have just masked her’s better
marie123
July 16th, 2009 at 11:59 pm
“…She should have just masked her’s better…”
How can you mask something that you have been saying to a bunch/ group of people for almost a decade? Why bother having a Constitution and a Supreme Court? Sounds like a banana republic to me if you are going to lie just to get a job…also, how as a citizen ignore tapes and recorded information about this lady racist speeches and believe that she is going to look at things different once she in the Supreme Court? Almost all her responses have been a lie up to this point if you look at the written information and watch all her old tapes.
This is the beautiful thing about the USA. We have laws and we must follow the law…and the Constitution regardless of the color, shape or form of the issues.
From a Hispanic point of view this lady if she was “white” she will be call a racist because that is what she is. She does not like this country or for what this country stand. It appears as if she has for the past 10 years spoken against the Constitution. My advice to her… is to go back to Puerto Rico where her parents are from. In Puerto Rico she will be kind of poor or lower middle class if she is not part of the “real” Spanish heritage (the 1%).
It is sad because the bigger picture is that this lady hurt a lot of people/students going forward. Most people/voters are going to re-evaluate the “affirmative action” issues. Why bother helping someone succeed, go to College and so, forth…they will never appreciate the opportunities given to them. This lady seemed to have spent all of her adult life complaining about “whites” making everything unfair for “non-whites” specifically Hispanics.
By the way…have she ever heard that in California the Asians (new and old immigrants) have higher IQ’s and test scores than anyone… white, black, red or purples? I am getting my half “whites” kids ready to compete in the “real world” here in California with Asian kids. Yes, sorry to say that but I pay tutors, I frequent the teacher store, I am in the teacher’s face weekly, make them read as much as they can because in order for them to attend California Colleges they have to score better than the Asian students.
So, why isn’t Sotomayor comparing herself to Asians and how unfair that their kids score better than the Hispanics kids…what is her excuse then?
This lady sounds like Mrs Obama and her senior thesis that she wrote I believe at Princeton (need to verify…school). In her thesis she evaluated how black students feel, think and behave in Ivy League schools… What? What for and why is that important? Anyone in an Ivy League school will feel the same. I remember my first year in College coming from a little country town in South America…yes, it was terrifying and scary. She also wrote that she found herself having the same desired as her “white” classmates to pursue an even higher education…what? Is that a specific a “white” person’s desired? One of my favor people to tell my little girl is a young black astronaut that worked at NASA a while back… and that she can be whatever she wanted (my little girl I mean…}.
What a waste of education if this women all can see is “brown” people in front of her and do not appreciate all what this country has to offer for everyone including the 200+ year old piece of paper call the “constitution”…
marie123
July 22nd, 2009 at 10:47 pm
Judge Sotomayor past recorded statements to Law students for a decade or more were not accidents or “misspoken statements…”
I found two websites that prove that all her responses were a lie regarding her believes of the United States Constitution.
Read about these two organizations that I found regarding liberal activist lawyers…and their indoctrination into their liberal views of the USA constitution. No different than the “La Raza” organization that Sotomayor belongs to…
http://www.constitution2020.org
http://www.acslaw.org