Constitutional Opinions
Sotomayor and Affirmative Action
The judge got ahead the old-fashioned way — so why does she pretend otherwise?
Is Judge Sonia Sotomayor a product of grinding poverty and beneficiary of affirmative action, and now a victim of its unintended consequences? Or has she instead cynically embraced affirmative action and romanticized her past as a way to further her judicial career?
As the confirmation hearing before the Senate Judiciary Committee continues for Sotomayor, President Barack Obama’s pick for the vacancy on the U.S. Supreme Court, with a lifetime appointment at stake, a review of the evidence shows she has changed her position on affirmative action and fictionalized her past to serve her own purposes.
First, she was never in the target audience affirmative action was designed to help. Second, while in school she vehemently disavowed affirmative action as playing any part in her educational advancement. Third, as her career played out on an increasingly public stage, she rebranded herself as “a perfect affirmative action baby” and an ardent supporter of racial quotas willing to engage in activist judging—and even ethically questionable judging—to advance that agenda.
Sotomayor’s basic résumé is well known. To hear her tell it, she is a product of the “third world” territory of Puerto Rico, raised in public housing projects in the Bronx. She was socially and economically impoverished. She didn’t meet admission test requirements at Princeton University and Yale Law School because of “cultural bias” in the testing. But she was accepted at those schools anyway because of affirmative action. Her success has led her to believe ardently in racial quotas.
After a 12-year legal career as a government prosecutor and later in private corporate practice, Sotomayor was appointed in 1992 to the United States District Court for the Northern District of New York, where she served for six years. She was nominated to the prestigious Second Circuit Court of Appeals in 1997 and to the Supreme Court in May. She owes it all to affirmative action, she says.
A closer look at her background tells another story, however. She was born in the United States. The projects in which she was raised, the Washington Post reported, were “pristine,” virtually crime-free, and racially mixed. A mere 10 percent of the residents were on welfare. The rest had jobs. Sotomayor’s mother was a nurse.
“These were not the projects of idle, stinky elevators, of gang-controlled stairwells where drug deals go down.… Far from dangerous, the projects were viewed as nurturing,” the New York Times wrote. “I never perceived myself as a poor child,” Sotomayor said in an October 1999 housing authority publication, the Post reported.
Sotomayor’s mother valued education above all else, working to pay for elementary and high school education in parochial schools. The family had the only encyclopedia in the Bronx projects, and not just any encyclopedia — the Encyclopedia Britannica. Sotomayor told the New York Daily News, “I was going to college and I was going to become an attorney, and I knew that when I was ten. Ten. That’s no jest.”
Sotomayor and her family may not have had much money, but she was not “socioeconomically poor.” Children who are “socioeconomically poor” do not aspire to be lawyers.
Sotomayor was valedictorian at her grammar school graduation. She went on to pass the entrance examinations to prestigious and academically demanding Cardinal Spellman High School. She graduated as valedictorian there as well. She won a full scholarship to Princeton University, where she struggled at first with writing and vocabulary and lack of knowledge of the classics. She studied long hours to remedy those problems and graduated summa cum laude. She also won the top prize for academics and extracurricular activities and was a member of Phi Beta Kappa.
She then entered Yale Law School, again on a scholarship. She was an editor of the Yale Law Review and managing editor of the Yale Journal of International Law.
At the time, Sotomayor herself certainly didn’t think she owed her academic success to affirmative action. As her law school graduation neared, Sotomayor interviewed for a job with a prestigious Washington, DC law firm. During a dinner, a partner in the firm suggested the only reason she was at Yale was affirmative action. She filed a complaint with Yale, which convened a faculty-student council. After a hearing, the council voted in Sotomayor’s favor, and the firm was forced to apologize. She refused any further interviews with the firm.
Yet to hear Sotomayor tell it years later, she is “the perfect affirmative action baby.” In a videotape of three female judges discussing diversity, made available to the Senate Judiciary Committee, she said, “My test scores were not comparable to that [sic] of my colleagues at Princeton or Yale.” She attributed this to “cultural biases built into testing and that was one of the motivations for the concept of affirmative action, to try to balance out those effects.” In May 2009 she told WBUR Radio, Boston, “I am always looking over my shoulder, wondering if I measure up.”
Sotomayor’s views on affirmative action are important because this issue is receiving increased scrutiny in the Supreme Court. In 2003 the Court ruled in the University of Michigan cases that race can be used as a factor in university admissions decisions but narrowed the lawful extent. Then-Justice Sandra Day O’Connor wrote that affirmative action should be phased out over the next generation.
More recently, the Court ruled in the New Haven firefighters case last month that the city violated the Civil Rights Act of 1964 by discarding promotional examination results because too many whites passed. Justice Scalia suggested the Civil Rights Act is unconstitutional on equal protection grounds, an issue not reached by the majority.
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Robert Rosencrans| 7.15.09 @ 8:06AM
Sotomayor claims she is looking over her shoulder wondering if she measures up, and she should be looking over her shoulder, because deep down inside she knows she is the illegitimate off spring of government mandates.
And it isn't just Sotomayor. An honest question would ask how many businesses have shut down or been crippled trying to create pearls out of swine? How many businesses have fled America to locate oversesas where they don't have to worry about employee treachery, vis a vis the Lily Ledbetter law?
The honest answer to these questions won't be found in our society. Anyone who brings them up is either a glutton for punishment or simply pushed to the outer rings of the circle.
In the meantime we will have our first manufactured human being on the Supreme Court.
Sotomayor has acknowledged the reality of her situation, living and reveling in a racist lifestyle, guaranteed by the federal government.
And there are millions of citizens like her, guaranteed a brass ring. The fact that she brags about it is further evidence that she is simply another stuffed shirt in Washington, who has achieved elitism, if nothing else.
Anthony| 7.15.09 @ 10:58AM
This "cultural bias" thing; how do the rest of us get in on this action? I'm a product of the projects in the Bronx, I don't remember having the complete works of Shakespeare in our apartment. Milton was that funny "uncle" on Thursday nights. The only "Yale" we knew was the lock on the apartment door.
As far as looking over my shoulder, it sure as hell wasn't to see if I measured up, but rather, if I was fast enough.
And we call ourselves a "post racial society"? What a load of.......
Michele San Pietro| 7.15.09 @ 12:54PM
"Affirmative action" is simply racism on the opposite. It shoud simply be abolished. This Sotomayor is simply living on another planet.
Marc Jeric| 7.15.09 @ 1:38PM
Let me apply the vicious language used by the left on the subject of Sarah Palin ("slutty stewardess looks with 14-year old daughter knocked up") on La Sotomayor: pig-face racist with lipstick.
Marcell| 7.15.09 @ 1:55PM
I don't believe in cultural bias in test.
I have learned from my own experiences that many of us speak poor English, & that explains why many feel that there is a cultural bias in entrance exams. IMHO, that is a poor excuse to dumb down the exams.
I, as well as, many in the poor communities speak & write broken English on a daily basis. It is something I inherited from living around so many people who haven't mastered the king's English, & me not seeing the value of knowing how to use proper grammar when I was a kid... Something I also inherited from being raised in poor communities.
I can remember showing my Republican teacher my blog, & a few days later she told the students in our class to not give credibility to anything they read, if it is filled with grammatical errors.
My liberal journalism professor said something similar when I spoke about my blog; the lesson was about blogs.
Another student spoke about her fear of using poor grammar in a blog. I then explained to my peers that my thread, How to Win in a Debate with a Republican, was filled with grammatical errors, but I still post them, because I believe the info was important.
My instructor responded by saying that she refuse to read things filled with grammatical errors.
I then responded by asking her, " Why do I have over a 15,000 hits & average over 100 hits a day?"
She then blamed it on the topic & the site were the thread was created, but I didn't let her criticism deter me.
With that said, the only cultural bias that I see in college entry exams is, I mean are, the biases of the people who are claiming cultural bias.
Most poor people DO aspire to be a professional like a lawyer or a doctor, but they are easily discourage because they use poor grammar when they speak (That is just one of many reasons).
It is my belief that poor grammar is mainly entrenched in minority communities, because the typical American despises constructive criticism. Our feelings seem to get hurt when we are given good advice. Many would rather dwell in ignorance than allow constructive criticism to attribute to helping them get out of their ruts.
I personally am so determine to be more than a, as Old Texican put it, a "Gubment worker" that I am willing to learn & fight through the destructive & constructive criticism that attributes to why many give up & take on a life of crime, or find virtue in their dead end jobs.
Sotomayor may, or may not be a, I mean an affirmative action baby, but what she has accomplished in her life is impressive, so I honor her for her determination & hard work.
On the other hand, you Repugs are so twisted that it doesn't matter how Sotomayor got to were she is in life; all that matters is that she was nominated by the President you hate with passion.
IMO, The, I mean, the only difference between on the job training & affirmative action is, one is for all Americans, & the other forces bigots to admit or hire those they despise for their inherited dense reasons.
I would like to conclude with a metaphor. I was watching a cartoon (Spiderman) with my son this weekend. There was a scene that showed an old unsuccessful scientist who invented a great contraption. The patent was stolen by his boss, because his boss thought that the scientist was old & considered a failure by his peers. His boss told him that no one would believe he invented the contraption because he had a history of being a failure.
I guess that is life, right?
erro
jr| 7.15.09 @ 5:24PM
Thanks to the article I have learned Sotomay---or was awarded scholarships but it doesn't really answer my question as to who paid for it. I conclude - I paid for it with my taxes since I have been paying through the nose for colleges to award these types of scholarships. Afirmative action! Same as Obamamama, the Prez without a country. I thought she graduated from one of them suma cum laude but the article indicate she agreed that her school scores were not among the better ones. I suppose that like the As and Bs schools, she got a boost. A good match for the looks of the ACLU Justice Goonsberg.
ben| 7.15.09 @ 6:31PM
if favoring race A over race B is wrong, then favoring race B over race A, even for noble intentions is also wrong.
The problem with Sotomayor is that she has lied repeatedly throughout her career as well as these hearings. If she is willing to lie under oath then how can she expect or require those testifying before her to be honest?
Just like duh-bama, she has no principals, character or integrity. She's willing to do and say anything to get what she wants. The ends justify the means.
Art C| 7.15.09 @ 6:40PM
While it may or may not be important, I am more concerned about Judge Sotomayors flip-flopping
on the issue whether she was an affirmative action creation. I grew up in the Bronx, my dad was a Bronx patrolman, my mom a housewife. I lived in a tenement. I went to Cardinal Hayes High on which Spellman was academically built . I continue to be seriouly unimpressed with her background. There are truckloads like her.
ben| 7.15.09 @ 6:44PM
Marcell| 7.15.09 @ 1:55PM
I would like to conclude with a metaphor. I was watching a cartoon (Spiderman) with my son this weekend. There was a scene that showed an old unsuccessful scientist who invented a great contraption. The patent was stolen by his boss, because his boss thought that the scientist was old & considered a failure by his peers. His boss told him that no one would believe he invented the contraption because he had a history of being a failure.
I guess that is life, right?
------------------------------------
No, that's a cartoon. In the real world an inventor would have all the work and failures that led up to the successful product to prove his ownership of the invention. Also, if he was an employee of the company and created his invention through company mandate and on paid company time then the company owns the patent and he has no rights to it. This is why comparing cartoons to real life is a waste of time, energy and an indication of the competency of the individual making the comparrison.
Wes| 7.15.09 @ 7:06PM
Here's a question I would like a Republican senator to ask Judge Sotomayer:
Judge, let's say you are deciding a case brought by a minority woman where a company is accused of hiring only white males.
Now lets say that the company's only defense is that in their opinion white males make better business decisions then black or Latino women- hence their hiring policy.
Would you be inclined to rule in favor of the defense?
Marcell | 7.15.09 @ 7:24PM
I may not know anything about patent & inventions, but I do know about the music & copy right, & it is common for music companies to steal their artist ideas & products.
The rap artist, Tupac is a classic example of how a person with talented can be used & played like a sucker by powerful people who are more familiar with the in & outs of the music business.
Might I add that you probably don't have a clue why I added the metaphor to that post, & I didn't, & don't expect you to know.
Marcell| 7.15.09 @ 7:50PM
if favoring race A over race B is wrong, then favoring race B over race A, even for noble intentions is also wrong.
*****************
I really would like to know what was a better solution for dealing with many of the ills that women & minorities lived with back in those days?
I have been giving example after example of racism by both sides & the conservatives at this site have blatantly ignored the racism by conservatives.
The same would be true if the federal gubment wouldn't have intervened & created the policies most of you despise.
It makes it seem like you despise the policies that the feds concluded were the remedies for racism more than you despise racism, & that is why it is easy for people like me to call you bigots & bigot lovers.
Here's one!!
If you are not part of the solution, then you are part of the problem, & I don't think you are part of the solution when you ignore racism.
if favoring race A over race B is wrong, then favoring race B over race A, even for noble intentions is also wrong.
*****************
I really would like to know what was a better solution for dealing with many of the ills that women & minorities lived with back in those days?
I have been giving example after example of racism by both sides & the conservatives at this site have blatantly ignored the racism by conservatives.
The same would be true if the federal gubment wouldn't have intervened & created the policies most of you despise.
It makes it seem like you despise the policies that the feds concluded were the remedies for racism more than you despise racism, & that is why it is easy for people like me to call you bigots & bigot lovers.
Here's one!!
If you are not part of the solution, then you are part of the problem.
ben| 7.15.09 @ 8:13PM
How 'bout we just treat people as equals (the same) regardless of race, gender etc. Of course there were times in the past when this wasn't happening, but we currently have laws against discrimination, as well as laws that discriminate for the benefits of certain peoples. The laws that discriminate should be thrown out. If we keep telling people that they're victims then they will behave as such. If we keep grouping people by race, gender etc then we are promoting division. If we keep treating people unequally then we are fostering inequality. Discrimination should be punished when it happens, but the fact that it happened in the past doesn't justify using it again today. - 2 wrongs don't make a right.
I also don't ignore racism as you contend. It isn't near as prevalent in todays society as it was in the past. Again, committing racism now doesn't eliminate it from history, nor does the history of racism justify committing racism today.
You are arguing that racism is wrong as it was done in the past. But because it was done in the past, that makes it right today.
I agree that you if you are not part of the solution then you are part of the problem - you don't seem to understand that you are creating the same problem and calling it the solution. - stupid is as stupid does.
Wes| 7.15.09 @ 8:56PM
Next time I'm watching a spiderman cartoon instead of with my son (you know, to ferret out any creeping racism that might cloud his callow mind) I think I'll ask him if he would mind very much giving up much sacrificing a great deal of his leisure time, studying hard, excelling at school, and then eventually giving up his seat at a prestigious university so that some nameless stranger with poorer grades, fewer accomplishments, and less ambition can take his place to atone for the misdeeds of some other nameless stranger he's never met.
Might just inspire him to work even harder as he contemplates our inherited (meaning white- I'm guessing) dense reasoning.
Or maybe not.
JimE| 7.15.09 @ 10:00PM
Marcell, please shove your cut and past jibberish posts into your obama friendly rectum.
Jeff | 7.15.09 @ 11:59PM
All of you sound ignant.
M. Steele| 7.16.09 @ 12:23AM
Does anyone really care that firefighters are all racists? I don't. They should be able to chose which houses they save. And only white people should advance in that career choice.
God damn these liberal ACORN mother fuckers.
Hey Wes | 7.16.09 @ 5:44AM
Today I found out my daughter didn't qualify for the sumer youth jobs program, because she wasn't one of the kids with special circumstances. She don't have a criminal record, & her grades in school are too good for her to qualify for the program.
I said to my wife that now you see why the Repubs feel the way they feel about those programs.
We started talking about the programs for the poor like the lunch program. I was just looking at the issues from a conservative perspective, but it made no sense, because we prefer our daughter to not qualify for those programs than live with the ills that a parent would have to deal with by having a kid that does qualify for those programs.
It is as if you are looking for a scapegoat; you refuse to look at the bigger picture, because you allow your prejudices to get in your way.
Wake up & smell the roses, because it aint that rosy in the concrete jungle.
By Marcell
Wes | 7.16.09 @ 11:36AM
Marcell,
Blaaa...blaaa....blaaa....Let me explain it so that even those of us who consider Spiderman and Harry Potter great literature (yeah, much like your website these two works attract lots of attention, usually by adults who are still stuck in a 4th grade reading level) ....
Any parent who willfully and purposely sacrifices the his child's future in the name of some nebulous, corrupt and dishonest system of quotas or set-asides in not only acting irrationally and selfishly... he is acting immorally!
Period.
Test Test| 7.16.09 @ 11:39AM
"This "cultural bias" thing; how do the rest of us get in on this action? I'm a product of the projects in the Bronx, I don't remember having the complete works of Shakespeare in our apartment. Milton was that funny "uncle" on Thursday nights. The only "Yale" we knew was the lock on the apartment door.
As far as looking over my shoulder, it sure as hell wasn't to see if I measured up, but rather, if I was fast enough.
And we call ourselves a "post racial society"? What a load of....... "
OH BOOO HOOO HOOO. And baloney.
First of all, you didn't invent these phrases. "The only yale...etc." That can only be said by someone who has heard of the other Yale; the phrase was invented by race-baiters, not by ghetto-dwellers.
I scored in the 99th percentile on my SATS. I did not get any scholarship money and did not attend Ivy League schools. I worked throughout college as a telemarketer because I attended school in a small Midwest town, dominated by three things--corn, fast food, and telemarketing firms who were there for our "central" Midwest accents. A few tech companies showed up and folded once in awhile, and I worked as a programmer for a few of them.
In fact, I had been programming since age seven, and had won several contests at both the high school and the college level. Had I grew up as a "disadvantaged" Bronx minority, not only would my SATS DEFINATELY gotten me a scholarship, but much higher paying work would have been available to me a subway ride away--in new york city. Needless to say—higher paying work allows college kids to spend more time focused on school.
You think bronx youths are disadvantaged? Try finding a programming job in the middle of a cornfield.
I am very, very, sick of these types of arguments. Life is rough on everyone; one shouldn't have to prove disadavantage to get a fair chance.
Oldefarte| 7.16.09 @ 1:49PM
The CRA and affirmative action are FRADULENT. In 1954's Brown vs. Bd. of Ed., the availability of our public school system was granted to EVERY child, regarless of race; and thereafter they all received the same teachers, texts, classrooms, computers, etc. Test scores divided among racial lines show a vast [but narrowing] disparity since 1954 to present. The CRA and affirmative action destroys the personal innitiative and individual intelligence for racial parity, should never have been instituted and should be eliminated!!!!!!!!!
Test Test| 7.17.09 @ 2:32AM
"Today I found out my daughter didn't qualify for the sumer youth jobs program, because she wasn't one of the kids with special circumstances. She don't have a criminal record, & her grades in school are too good for her to qualify for the program."
No one qualifies for Affirmative Action based on having a criminal record. They qualify based on race and ethnicity, which are used as a proxy for actual disadvantage.
And the key words in that sentence--"as a proxy"--are very telling as to who actually benefits from an affirmative action. The most likely beneficiaries in programs that choose the highest scoring of a disadvantaged group--are the most advantaged of that group. Depending on the size of the disadvantaged group, the standard deviation of wealth within this group, and the amount this group is disadvantaged on average--the most advantaged could easily be upper middle class individuals--even wealthy. Barack Obama often tells of his past, but he omits many details. He did grow up as a single child to a nomadic anthropology professor, and her frequent moves made his life difficult. Nevertheless he was still born to a professor; one who made a decent salary and valued education highly. That, combined with his race, made him eligible for scholarships that other single-parent kids were ineligible for. From a very early age he had a top-notch education. He never was disadvantaged, but he benefited greatly from liberals who falsely assumed from his race that he was.
"I said to my wife that now you see why the Repubs feel the way they feel about those programs."
Republicans assume, correctly, that using race as a proxy for disadvantage produces inaccurate results.
"We started talking about the programs for the poor like the lunch program."
Everybody is eligible for the school lunch program--that is why few people object to it.
"I was just looking at the issues from a conservative perspective, but it made no sense, because we prefer our daughter to not qualify for those programs than live with the ills that a parent would have to deal with by having a kid that does qualify for those programs."
Most affirmative action babies aren't facing social ills. They merely have the same skin color as someone else who faces those social ills. That's the problem with using race as a proxy for disadvantage. The correlation is there, but it's weak.
If we handed out welfare checks in the same way that we hand out Affirmative Action benefits, Michael Jordon would be collecting welfare from a high school teacher in Boise.
"It is as if you are looking for a scapegoat"
Since 40% of the population (60% in New York and California) is eligible for Affirmative Action--you don't have to look very far to find this scapegoat. Rather than suggesting we're looking for a scapegoat, perhaps the more honest analogy would be this: the goat has grown up, and now it's stepping on us. It would be impossible not to notice.
"you refuse to look at the bigger picture, because you allow your prejudices to get in your way."
We have no prejudices. We simply want more honesty and transparency regarding a policy that asks us to give up 40% of all available opportunities in the name of equity. If equity is not being achieved by using a chromameter to determine economic disadvantage, perhaps more efficient measurements exist.
"Wake up & smell the roses, because it aint that rosy in the concrete jungle." As if a white people never lived in the city--or in the ghetto. Maybe it's time you realized that the wild and arbitrary assumptions you make to justify raced-based preferences are becoming more and more out of date. Disadvantaged minorities are increasingly becoming a misnomer--they are no longer very disadvantaged, and they are no longer a minority.
Ibis| 7.21.09 @ 12:58AM
I know the topic is race and whether Sotomayor benefitted from Affirmative Action and her beliefs. Let's not forget that also class in the halls of prestigious universities plays a role in the admissions process. Affluent mediocre students through their donor parents' connections or through legacy points receive admission preference over a socio economically poor high achiever. Many even in our government, and one former president, GW Bush benefitted gained entry through legacy and their priviledged background. Let's not be so quick to use the racist label but instead examine the bigger picture - our society. Class can often trump race. How much does merit really account for in these schools anyways where affluence talks. Bush was a proud "C" student. He received preferential treatment and gain acceptance to Yale yet would he have ever made it through the doors if it were by merit alone? We seem to accept that, but not when it comes to race often times. I feel affirmative action and the quota system are two different things but still archaic ideas and should be abolished and those who work hard should be rewarded. But the class system will assure that things don't change too much for those with money and many are white. And money means better schooling early and possibly success later.
I think Sonia is a brilliant example of someone who was given an opportunity to attend the finest schools and she worked hard, aimed high and achieved what she wanted. Sonia's unique life experience naturally affected her view regarding equality and racial imbalance I imagine, and yet her experience is valid as is Michelle O's in the Ivy League. The New Haven case was one I disagreed with her on and she's now been taken to task for it. I hope she will show good judgement and uphold the law as SC justice. I think she knows now what is expected of her.
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