Policy-Making Judges

Should a court be where "policy is made"?  I thought that’s what we had elected representatives for.  But Obama’s pick for the highest court in the land, Judge Sonia Sotomayor, seem to think so.  (Well, until she realizes she’s being recorded, and then she gives a wink and a nod to the audience.)  Another liberal judge who thinks it’s his or her job to form the law rather than interpret it.

And from this article about the pick comes this wonderful line:

“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,” said Judge Sotomayor, who is now considered to be near the top of President Obama’s list of potential Supreme Court nominees.

If she were a Republican, that would have been labeled "racist".  But she doesn’t stop there.

“Whether born from experience or inherent physiological or cultural differences,” she said, for jurists who are women and nonwhite, “our gender and national origins may and will make a difference in our judging.”

Her remarks came in the context of reflecting her own life experiences as a Hispanic female judge and on how the increasing diversity on the federal bench “will have an effect on the development of the law and on judging.”

Blind justice will now be peeking, if Sotomayor is confirmed.  I continue to think that these kinds of judges still don’t recall that Brown v. Board of Education was decided by nine white guys.  Unanimously. 

And I’d like to note that my objections to this court pick have absolutely nothing to do with her gender or national origin.  It is the Left that is overly hung up on this, as I noted in this post during the confirmation of John Roberts.  And Sotomayor, in bringing this up, is not only overly emphasizing this irrelevant point, but setting up opponents to be tarred as "racists". 

The whole idea that one’s race or gender, in and of itself, should alter one’s view of the law in this day and age, is saddening, frankly.  The fact that we have an African-American President is not the beginning of racial reconciliation and equality, it is one of the culminating events of it.  It shows we have a majority in this country that doesn’t care much your color as long as they approve of your character.  That’s "The Dream".  No, we are have not been perfected in this, but we are not perfect in anything.  There are always problems.  There are always improvements to be made.  But as a nation, I think we can hold our heads up high on this matter. 

However, Judge Sotomayor thinks white guys, over half a century after Brown v. Board of Education, still can’t judge fairly.  Thanks for your vote of confidence.

Filed under: Doug • Judiciary • Liberal • Politics

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