President Barack Obama recently nominated Judge Sonia Sotomayor of New York, a Latina jurist, to replace retiring Justice David Souter on the U.S. Supreme Court.
Prior to her nomination, there were many advising Obama to select someone at least in part on the basis of gender, ethnicity or some other disadvantaged or minority criterion.
Kim Gandy, president of the National Organization for Women, urged Obama to
nominate a woman. A woman of color would go even further toward broadening the narrow makeup of the high court, which today does not reflect the proud diversity of the United States. Simply put, one is not enough, even if she happens to be the estimable Justice Ruth Bader Ginsburg. When 51 percent of the country is female, one justice out of nine is a court out of balance.
This type of thinking -- that we should aspire to proportionate representation of the broader society in non-elective bodies -- is not new or unique. For example, when late last year the Australian government was deliberating on appointing a new judge to its High Court (equivalent of the U.S. Supreme Court), an Australian law professor, Ross Buckley, contended that
the gender of our judges matters.… A more representative judiciary promotes the public's confidence in it, which in turn strengthens the rule of law. Women bring a different perspective to the bench borne of their different life experience.
He added that, if a female judge was appointed, Australians could be glad that "our highest court will better reflect the composition of our society."
Indeed, such are the views of Sonia Sotomayor herself:
We [Latinos] have only 10 out of 147 active circuit court judges and 30 out of 587 active district court judges. Those numbers are grossly below our proportion of the population.
It may be news to Ms. Gandy and Mr. Buckley and Judge Sotomoyor, but representation is not the function of a judge and diversity is not a necessary attribute of a court.
We do not elect judges. We appoint them. And we should appoint females and members of minorities because they will make good judges, not because they are women or members of minorities. A judge is there to apply the law equally, without regard to personal parti pris, something which a competent judge of any sex, age, religion or ethnicity can and should do.
A court is not a representative body, like a parliament. Indeed, even parliaments need not directly reflect diversity in society: most people do not cast a vote primarily on the basis of identity. A woman will not necessarily vote for a female politician, or a Chinese-American for a Chinese-American candidate. Electoral endorsement, not identity, is the criterion for being a democratic representative.
Accordingly, there is no composition of a court whose "narrowness" must be "broadened" -- and thereby have "public confidence" in it promoted -- by minority appointments.
Yet Judge Sotomayor not only believes that minorities must be 'represented,' but that it even brings judicial benefits: "a wise Latina woman," she says "would more often than not reach a better conclusion than a white male who hasn't lived that life."
While it must be joyous to be so sure of unprovable things, the life experience of a judge in and of itself contributes nothing by way of "different perspective" to judicial decisions. Only a different philosophical approach to jurisprudence can do that.
Denver Todd| 6.12.09 @ 7:46AM
When I read that Sotomayor said that "a wise Latina woman would more often than not reach a better conclusion than a black female who hasn't lived that life" I was outraged. People of color should rise up and keep this woman from the bench.
Buffalo Todd| 6.12.09 @ 3:16PM
I heard the audio today how she describes herself as a product of affirmative action and would have never gotten into an Ivy League school otherwise because frankly she is not that bright. In this regard she has much in common with our Community Organizer-in-Chief who is a product of affirmative action himself. I doubt he spent too much time in the library in his marijuana smoking-coke snorting days and we have yet to see anything of his transcript.
There is absolutely nothing wrong with having women on the Supreme Court as long as their race and gender is not their major preoccupation as it is so clearly with Sotomayor. Listening to her speeches and her reasoning, she is nothing more than a race-gender obsessed leftist lightweight that has no business getting a lifetime appointment in the Supreme Court. Basically, she is a "poor mans" Ginsburg but I guess we are all suppose to feel good about having a "wise Latina woman" on the Court much like having a half-black Marxist as President.
Anonymous| 6.12.09 @ 5:53PM
She should decline her nomination.
Michele San Pietro| 6.13.09 @ 10:28AM
I agree. Sara Sotomayor doesn't deserve to be in the Supreme Court.
Marc Jeric| 6.13.09 @ 2:25PM
I had intended to write something about this criminally irresponsible nomination - but then I read the missive above by "Buffalo Tod" and abstained; he said it all.
BOBMONTGOMERY| 6.13.09 @ 7:43PM
The only burning question is whether the chivalrous-to-the-point-of-suicide Republicans will debate the shape of the table.
Richard Baker| 6.14.09 @ 12:28AM
Buffalo Todd:
Isn't it a shame that she sees herself as ONLY a Latina? Being an American citizen is so much more fulfilling, don't you think?
bruce| 6.14.09 @ 4:39PM
this second rate la raza racist should not be a judge let alone a supreme court justice
cheap handbags| 7.27.09 @ 6:17PM
We only sell the top grade replica cheap handbags, some of them are genuine leather handbags, yet the price is far lower than the authentic designers want you to pay. We lead you to a genuine pool of bags : collections in wide range: handbags, shoulder bags, clutches, tote bags, purses and wallets, the hottest brands you can find like replica Louis Vuitton handbags, Replica marc jacobs handags, Replica Prada handbags, Coach,Replica Chloe handbags,Burberry, Dior,replica Chanel handbags, Chloe,Replica gucci handbags, Dolce & Gabbana,Replica Balenciaga handbags . Crafted to the highest standard, from the finest materials in the industry, we guarantee the toppest Replica Hermes handbags at low price you'll find anywhere.
george| 7.29.09 @ 4:37AM
Louis Vuitton Damier Azur handbags , commonly referred to as
ouis Vuitton Damier Azur, or sometimes shortened to
Louis Vuitton Damier Canvas handbags has become one of the most
Louis Vuitton Damier Canvas luxury brands.
louis vuitton outlet storelove
luis vuitton outleti like
lv outletsgood
louis vuitton onlinenice
s| 8.20.09 @ 3:45AM
Cheap Jordan,Cheap Jordan shoes,Retro Jordan,Air Yeezy Shoes,Supra shoes,Kanye West ShoesJordan shoes,New Jordans,Air Yeezy,Air Force Ones,Nike Dunks,Retro Jordan, Cheap Jordan Shoes,Nike Dunk High,True Religion Jeans,New Air Force OnesAir Yeezy Shoe,Supra Shoes,Retro Jordan,Creative Recreation,Nike DunksNike Air YeezyTrue Religion,Air Jordan Shoes,Air Shox,Air Max,Dunk Shoes.Air Jordan,Cheap Jordans,Jordan Shoes,Cheap Air Jordans,Air Jordan Shoes
hellen| 9.3.09 @ 10:55PM
forgotten what Aion money the taste Buy Aion Kina
Wedding Dresses| 9.9.09 @ 9:43AM
Anyone know near by? I am lookingWedding Dresses
Designer Wedding Gowns
for one but never get.