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OPINION

Editorial: New look in old robes

Wednesday, May 27, 2009
(Updated 3:00 am)

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.

Comments

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Get A Clue

May 27, 2009 - 7:28 am EDT

Please allow me the opportunity to spare Republicans the time and effort of commenting by summing up their remarks here:

Our nation was founded by white men for white men and has done exceptionally well (mostly for white men, but still), and since God (whom we all know is a white man) is on our side it would be best if you just stepped aside and allowed us to continue to run things.

If you think my snide remarks are an unfair characterization, then allow me this: I went to www.freerepublic.com yesterday to gauge the lickspittle response of the typical dittohead. Within 5 minutes of the official announcement of Judge Sotomayer's nomination people were posting the Spanish term "puta" in reference to her character (look it up, it's disgusting) and openly hoping her diabetes would take her sooner than later.

So the truth is that most Republicans already hate her because she's a woman and not white. But since that's how they already feel regarding women and minorities, they'll have to speak in code to pretend there are any other valid reasons to deny this well-qualified nominee her position as Supreme Court Justice. (You can read those reasons over at www.huffingtonpost.com; the Republicans mistakenly sent out their talking points to the press as well as each other yesterday morning.)

Sit back and enjoy the show. But don't forget for one minute what the Republicans are really saying. And why.

tonymo

May 27, 2009 - 11:44 am EDT

Hey get a clue, get a clue. How does one who gets their information from the fringe lunatic Huffington Post expect to be taken seriously. Here is why Ms. Sotomayor is a bad choice. The most recent obvious reason was her outrageous opinion in the New Haven firefighter case. Her judgement was questioned by another member of that court, a fellow liberal (but a rare breed, an honest liberal) blew the whistle on her and helped open the can of worms that showed just how biased this woman is. She will likely be overturned, AGAIN, by the SCOTUS.

Having said that, that is only a small part of the reason she is a bad choice. Here is the OATH she will take whne confirmed: "I solemnly swear that I will administer justice without respect to persons and do equal right to the poor and to the rich and that I will faithfully and impartially discharge."

She has already told us she doesn't believe in that OATH to which she SWORE. Empathy? What does that have to do with upholding the Constitution? NOTHING! Here is what a Georgetown law professor recently said about empathy, "empathy is a code word for diversity, which is a code word for preferential treatment!"

She has already told us that she believes in preferential treatment. She, like most liberals, apparently believes that minorities can't make it without help from "empathetic" liberals, who also beleive that simply being born black is a "disadvantage!" These are the true racists in our society, but don't know it. They think they are "empathetic," when in reality they are simply pathetic!

Dogwood

May 27, 2009 - 2:58 pm EDT

I believe Sotomayor will be confirmed. My question is how did the Conn. firefighter question reach the Supreme court? Why did she decide that study has no merit and only diversity is fair. Did she read the test? Did she understand the promotion leadership test. Most common leadership tests are multible choice and are general in nature. I would expect any firefighter to know water velocity, geography of the the zone, safety and rescue. Promotion is temperment, willing to study and not fall back and get promoted due to lazy study.

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