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Sunday, July 12, 2009

Sotomayor "Wise Latina" Quote - Not Very Wise

Here is the controversial quote from Judge Sotomayor: "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."

What strikes me is that the discussion is always something like: Is this or is this not racist? I don't really know. I do know that if a non Latino white male made this statement it would be said to be so. It would result in rejection of the candidate for the Supreme Court.

The quote is very telling. Sotomayor believes the Latina opinion to be superior to that of a white male. That is her opinion and not a fact. We simply don't know whether a wise Latina or wise white man would make a better decision. Each of us is a product of our experiences and the thoughtful often torturous process that must precede wisdom. So I would say that some Latinas are wiser and better equipped to reach good conclusions than some white men. The reverse is also true. The problem is she says that the Latina would "more often" do this. And that is where I have a problem with what she said.

The statement is one of ignorance, stupidity or prejudice or all of these. She cannot possibly know who would make the better decision. While their personal opinions and biases are always with them, judges must strive to make decisions based on the facts in the context of law and precedent, primarily the former.

Obama can nominate whom he pleases to the Court. I would hope that he and all other presidents would simply look for the wisest persons that they can find in the light of their (the presidents) personal views about the powers and limitations of government.

I do not think that Sotomayor is the best Obama could do. I think that their are wiser Latinas than she. And who knows maybe an Asian man, black woman or heaven forbid a white male however impoverished his life experience.

P.S. By her unwise conclusion, Judge Sotomayor appears not to be the "wise Latina woman" that she posits.

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