As most must know by now, President Obama
has announced he will be nominating Judge Sonia Sotomayor for the supreme court. At this point I find myself agreeing with the assessment of this nomination over at
The Volokh Conspiracy
My general sense is that she is very liberal, and thus likely to take what I consider to be mistaken positions on many major constitutional law issues. I am also not favorably impressed with her notorious statement 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." Not only is it objectionable in and of itself, it also suggests that Sotomayor is a committed believer in the identity politics school of left-wing thought. Worse, it implies that she believes that it is legitimate for judges to base decisions in part based on their ethnic or racial origins.
The more I think about it, the more this nomination bothers me. In particular, I'm having trouble getting past Judge Sotomayor's statement that, " ...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."
That statement strikes me as rather racist on her part and, had a white male judge said something equivalent, I have to believe the left would be throwing a fit about it this morning.
It also brings up the issue that my ideal justice would work to suppress their personal experiences when ruling on the constitutionality of a law. Justices are meant to decide cases based on the text of the law and the way in which it was meant to be applied, not in the way in which they personally think it should be applied.
Time will tell but I believe that this is going to end up being just one more thing on the growing list of moves by President Obama which disappoint me but don't surprise me.
