Monday, June 01, 2009

SUPREME COURT: The Ethnicity Factor?







OK, my last comment about the nomination of Sonia Sotomayor for Supreme Court justice has to do with her Puerto Rican ethnicity and how it influences her and how she uses it.

Conservatives have latched on to a quote where she says something about making better judicial decisions as a Latina woman with Latina experiences than a white man with no minority experiences – or something like that. Obviously, people take words out of context and use them for their attacks knowing full well that the same words heard in context take on a totally different meaning – should be a crime!

Anyway, she was talking about white jurists like Oliver Wendell Holmes who was considered a great justice and yet he voted to uphold race and sex discrimination laws even writing papers where he told women to mind their place in society.

Sam Alito during his confirmation hearings stated that coming from an immigrant Italian family gave his a lot more sensitivity to the plight of immigrants and minorities. Is that the same as the sensitivities of a Latina woman?

It appears to me that the conservatives are up against an uppity, big mouth; big smile, pushy broad and they don’t like that.

My only concern here is that she obviously benefited from “affirmative action” but she actually took that help and ran with it unlike some who are promoted only because of affirmative action and really have not earned the promotion.

I have been against affirmative action based solely on race from the beginning and have fought against the University of Michigan cases as basically racist as in reverse-discrimination.

The case of the firefighter’s promotion exam in New England in which she ruled for the state gives me concern. In the case, white and Hispanic firefighters passed the promotion test BUT because not one black firefighter passed it, the state nullified the entire test meaning all promotions were put on hold until, if logic follows here, a black fighter passes the test and gets promoted?

The white and Hispanic firefighters have appealed the case and it is now before the Supreme Court and if Sotomayor is made a Supreme Court justice, she would have a chance to vote on the case AGAIN!

I have a problem with people that feel they can trample all over the rights of whites in an effort to help certain minorities; it is just not fair and I have argued this point many times in the past.

Sotomayor will have to represent all Americans as a judge on the Supreme Court and she will also have to uphold the Constitution and other laws of the land. If she cannot carry out her duties as an objective officer of the court (remember the blind-folded statue of justice), than she will be flawed as a justice and that is not what is required of the position (ideally). I am not saying that the other justices on the court are all objective jurists (far from it) but I guess she will bring somewhat of a balance to the court and that is what Obama is looking for.

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