With her Ivy League education and federal bench tenure, Sonia Sotomayor fits the same judicial robe as worn by other U.S. Supreme Court justices. As a Roman Catholic, she even conforms to the predominant church affiliation.
If confirmed, she won't be the court's only woman. Nor will she be unique for her impoverished childhood.
President Barack Obama's selection to replace Justice David Souter cuts a new cloth only in ethnic heritage. The daughter of Puerto Rican parents is the first Hispanic nominated to serve on the nation's highest court. That is a distinct honor for her and an affirmation of the growing influence of the large, diverse and vibrant Hispanic population in the American mainstream.
Otherwise, it would be a mistake to dwell too much on the potential impact on the court of a Hispanic nominee. Sotomayor herself offered an unfortunate assertion at a symposium several years ago, which undoubtedly she'll be asked to explain during confirmation hearings: "Our gender and national origins may and will make a difference in our judging. I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life."
Rather than claim superiority by virtue of gender and national origin, Sotomayor should rely on the quality of her work to date. As a top student at Princeton, then Yale Law, she has demonstrated brilliance. Republican President George H.W. Bush first placed her on the federal bench in 1991. After Democratic President Bill Clinton nominated her for her present seat on the U.S. Court of Appeals in 1997, she was confirmed by a Republican-majority Senate. Even Jesse Helms voted in favor. There will be more politics in play now, but Republicans are not going to muster a filibuster.
North Carolina's current senators, neither of whom was in office during Sotomayor's first confirmation, weighed in within hours.
Democrat Kay Hagan: "Certainly the historic nature of this nomination -- the first female Hispanic on this court -- is important. But more so than her identity, I am impressed by her record of service. I look forward to hearing more about Judge Sotomayor and her record as a jurist throughout the confirmation process."
Republican Richard Burr: "While her personal story is indeed inspiring, I hope that through the confirmation process we will have an opportunity to fully review her judicial experience and record."
Burr also pledged to ensure that proceedings are "thorough and fair." All senators should evaluate Sotomayor's credentials objectively.
While she may not shift the balance on this often-divided court, she could add a new voice to its deliberations and decisions. In some ways, she fits the court's traditional garb; in others, she may set her own style. But substance matters more. Sotomayor's accomplishments have prepared her for this opportunity. Confirmation should depend on her merits alone.
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