Here are three paragraphs from a speech Judge Sottomayor gave in 2002. The last sentence of the first paragraph has been quoted numerous times, and I presumed that if I read the sentence in context, it would make more sense. I’m not sure it does:
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.
What on earth does she mean by that sentence? 1. Why is there a presumption that “a white male” has less “rich” experiences than a “Latina woman”? 2. Even if she believed it were true that “Latina women” made better judges than “white males” (and should we be elevating people who say such things?), why would she “hope” it were true? I sincerely hope this gets explained during the confirmation hearing, and that it was nothing more than an inappropriate joke.
That hope aside, even though in the speech she makes a couple of statements along the lines of trying not to let her identity affect her judging, the speech as a whole gives the impression that she revels in how her identity shapes her judgement. Like a puppy rolling around in the grass. I think this nomination is a bad regression in the course of American race relations. I hope Justice Sottomayor is a little less obsessed with herself and her identity than is Judge Sottomayor.
Posted by Apollo in I, For One, Welcome Our Judicial Overlords!, Race