Thursday, May 28, 2009

Troubled by Judge Sotomayor

I always hate to have even close to the same opinion as people like Ann Coulter, but I do have some serious reservations about Pres. Obama's nomination for Supreme Court Justice.

Judge Sotomayor has said, and I quote,
"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,"


Now, some of Obama's supporters have given explanations such as this,
"Charles J. Ogletree Jr., a Harvard law professor and an adviser to Mr. Obama, said Judge Sotomayor’s remarks were appropriate. Professor Ogletree said it was “obvious that people’s life experiences will inform their judgments in life as lawyers and judges” because law is more than “a technical exercise,” citing Justice Oliver Wendell Holmes Jr.’s famous aphorism: “The life of the law has not been logic; it has been experience.”


I do not disagree with Mr. Ogletree at all. I do think that people's life experiences will to some extent affect their judgements, however, nothing he says seems to go to the heart of her comment. She says, and feel free to disagree or point out where I am misunderstanding her statement, that one judge would 'more often than not' rule better from the bench, or be a better judge if they were a) hispanic and b) female. At least, they would make a better judge than a white male, I guess we cannot extrapolate where a black man/woman, white woman, hispanic man, etc. etc. etc. fall on her scale of who makes the best decisions.

As much as I feel that this process has become too obstructionist, I would have to oppose her confirmation, if it were up to me.

1 comment:

letterman said...

I am sick to death of identity politics in all its forms, but I hate race above all. Race is one of the single most ridiculous and harmful inventions of mankind, ranking right up there with religion and boy bands.
It's bad enough that Judge Sotomayor seems to be a racialist, but President Obama's reasons for nominating her are themselves quite suspect. I have no problem with presidential appointments--even judicial ones--being made on political grounds; I think our system is designed to handle that. But at least since Reagan or Bush there's been an added element of checking the Sneetch's belly for the current fashion of star. What's next, blood type? But when so many people admit to being motivated to vote for Obama based partially on his "race", I just don't see this getting any better anytime soon. We'll be Hutus and Tutsis for the foreseeable future.