Hard as it may be, and as much as it (should) matter, let’s set aside whatever attributes or flaws that liberals and conservatives may find in the judicial record of the newest nominee for the Supreme Court.

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.


From the lecture, “A Latina Judge’s Voice” by Sonia Sotomayor, U. California-Berkeley, 2001

Let’s use the very same logic for a moment and reword the quote.

I would hope that a wise white man with the richness of his experiences would more often than not reach a better conclusion than a Latin female who hasn’t lived that life.

From the hypothetical lecture, “A White Male Judge’s Voice” by Bubba B. Justice, U. Mississippi, 1959

What’s the difference? Don’t over-think this one, because it’s not difficult.

Guess what…there is no difference!

Racial and gender bigotry go both ways. And in neither case should the person spouting forth racist or sexist viewpoints, pandered before a friendly audience of those who look much like her/him, be allowed to skate by uncontested. In this case, she’ll be challenged, but those challengers are sure to be outvoted.

Do you think hypothetical Judge Bubba’s candidacy could survive the Supreme Court vetting and nomination process today? If so, what on Earth would lead you to believe such foolishness? If not, then neither should Sonia Sotomayor’s nomination. Both the real and fictional figures’ statements represent precisely matching levels of racial and gender bias. It’s a form of equality we don’t need.

This example teaches our kids that skin color and the shape of the organs hidden beneath our underwear — tangible physical traits unrelated to judicial expertise — matter more than qualifications, credentials and, yes, “empathy”. How is either racism or sexism empathetic, much less both at once? How are we going to get over racial and gender inequity when nominees for the Supreme Court go on record with their bigotry?

So much for “empathy”, President Obama. Shame on you. You should know better than this, but given the present makeup of Congress, it is a disingenuous political maneuver; and as such, you probably will get away with it.

I’ll sign off for tonight with one more quote.

I have asserted a firm conviction – a conviction rooted in my faith in God and my faith in the American people – that working together we can move beyond some of our old racial wounds, and that in fact we have no choice if we are to continue on the path of a more perfect union.


Barack Obama, Philadelphia, March 2008

Now, how firm is that conviction, really? How does nominating a racial and gender bigot further that wonderful ideal?