Joho the BlogSenator, would you be ok with an all-white Court? Really? - Joho the Blog

Senator, would you be ok with an all-white Court? Really?

The relevant paragraphs from Sonia Sotomayor’s “wise Latina” speech:

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.

Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. 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.

Sotomayor is saying something designed to inspire those against whom expectations have run: In American culture, the image of a wise judge generally is that of an old white man. Sotomayor is asking her audience to embrace a different image. In fact, she says, the very life experiences that traditionally have worked to disempower people make one wiser than those who haven’t had those experiences. The unfortunate implication of Sotomayor’s rhetoric (or, at least the inference taken by some white male Senators) is that race is the differentiator, not the experiences…an inference that does not survive reading the rest of the passage. Clearly, Sotomayor is saying exactly what all Americans are taught: We are a melting pot made stronger by the diversity of our culture.

So, here’s what I’d ask the Republican Senators who are questioning her about that line in her speech:

Senator, would you be ok with an all white, all male Court?

That is, if all else were equal, Senator, would you prefer to have a Supreme Court made up of nine white men from similar backgrounds, or a Court that includes men and women, people of various hues, and people from a variety of backgrounds?

If you’re ok, Senator, with a lily-white, male Court, you may sit down. Thank you.

If, however, you think we are better now for having some diversity among our Justices, then don’t you agree that “a difference there will be by the presence of women and people of color on the bench”? Don’t you agree that diversity strengths the Court — makes it wiser — because it brings different points of view to bear? So, Senator, you agree that one’s background affects one’s judgment, and that we are better off having multiple life-experiences represented on the Court.

So, Senator, don’t you think it’s a great for the Court to have, say, a wise Latina woman in the discussions? Me, too!

In creating a Supreme Court rather than one Supreme Justice, our founders recognized that wisdom is more reliably a property of a system than of an individual. Wisdom is most likely to emerge from a network that embraces diversity.

Especially a diversity of people who are empathetic. But that’s another issue… [Tags: ]

9 Responses to “Senator, would you be ok with an all-white Court? Really?”

  1. Had she used that phrase once, in that speech, maybe. The reality is, she used it over and over and over again. The irony of the exchange between her and Sessions was in watching an old race hustler meet the newest version of himself…

  2. What phrase? “Wise Latina woman”? I only see it once in the NYT transcript I cited.

  3. Not in that speech. She’s been using that phrase for years. get thee to Google.

  4. So, James, which phrase? “Wise Latina woman” or “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”? If the former, so what? A female Latina judge is something of a role model.

  5. The whole thing. And today, she spent her testimony lying about what she said, and what she meant by it. I don’t even care about her positions any longer; she’s simply a dishonest person, and dishonesty should not be elevated.

  6. Freut mich, das so zu lesen. Könnte fast von mir sein.

  7. Isn’t there a verse in a wise holy book about people decrying the speck in someone else’s eye and not seeing the mote (think boulder) in their own?

    I wish James and Sen. Sessions would think on that.

  8. An important thing to know about “race” in America, is that Sonya Sotomayor has had to defend an unremarkable statement taken from a thoughtful reflection on American diversity (read the whole thing at David’s link), while Samuel Alito, ex-member of the Concerned Alumni of Princeton, sailed through his hearings (hint: important among CAP concerns were uppity females and minorities).

    Thanks for your opinion, James. Personally, I don’t think we have to worry a lot about the Newyorkricans.

  9. […] posted my post about the Sotomayor hearings over at Huffington, where I got a grand total of two comments. The […]

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