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Sonia Sotomayor, Judy Chu | 07/15/2009 8:25 am

Republicans Not Satisfied With Sotomayor's 'Latina' Explanation

Sotomayor also says Roe v. Wade is ‘settled law,’ says she understands importance of gun rights; Judy Chu becomes first Chinese-American woman in Congress.
By The Staff at wowOwow.com
© Getty Images

Although Sonia Sotomayor will likely get through her Supreme Court confirmation process without too much trouble, it doesn’t mean Republicans are going to be happy with her explanation for that controversial "Latina" comment she made that’s caught on tape.

Obama’s high-court nominee told the Senate Judiciary Committee yesterday she didn’t pick her words properly, but she was trying to inspire women and Latinos to enter into law. In 2001, during a speech at Berkeley, she said: "I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a white male who hasn’t lived that life."

But Politico reports that Republicans plan to keep questioning her on her real feelings behind such a comment — and on the role of gender and ethnicity in the law, despite the fact Sotomayor stressed that her legal opinions are not tainted by such factors. Sen. Lindsey Graham, R-SC, pointed out that had a white male nominee made mention of how his skin color made him a better judge, his nomination would be dead in the water. 

"Part of it goes to her honesty," said Sen. Jon Kyl, R-AZ. "What she said here would mislead the ordinary person who hadn’t read the speech … I just find it hard to chalk it all up to just a bad choice of words."

So far in the hearings, Sotomayor hasn’t given us much insight into her personal views on hot-button issues like abortion. But she did tell Sen. Dianne Feinstein, D-CA, that she believed regulation of abortion must account for the woman’s health, and said she considers Roe v. Wade "settled law." USA Today notes that she said she did not consider a 2007 Supreme Court decision that upheld a ban on partial-birth abortion "a rejection of its prior precedents (on abortion rights). The health and welfare of a woman must be a compelling consideration." She also talked a bit about legal issues surrounding the War on Terror, eminent domain and gun rights. 

If confirmed, Sotomayor would be the court’s first Hispanic judge. Democrat Judy Chu in California is making her own history today. Chu won the special election for the 32nd Congressional District seat to become the first Chinese American woman in the House of Representatives. She’s filling the spot vacated by Hilda Solis, who was picked to be Obama’s labor secretary, and beat her own Republican cousin in the race.

143 Reader Comments (so far…) Sign In or Register to comment

Victoria J

I think Walter Dellinger, American Professor, Duke University, former United States Solicitor General and currently at O’Melveny & Myers LLP comments on the Republicans’ arguments against Judge Sotomayor during his recent appearance of the July 13th Charlie Rose Show ..www.charlierose.com  are worth savoring.  In response to Charlie Rose’s question, "What about this idea that the law, is the law, is the law?  Dellinger stated, "this notion that law is some mechanical or logical process like proofs of Euclidean Geometry is the great mistake that is behind much of the criticism of Judge Sotomayor. This notion that judging can be done well without drawing upon experience, your sense of the social culture, your sense of history, your understanding how different rules will affect different people…that’s just crazy."

He also said, "The worst kind of judicial lawmaking is one that doesn’t even recognize, acknowledge or admit that those policy considerations are playing a role is to pretend that you can stare at few words like privileges and immunities, or due process,or equal protection or the right to bear arms and decide if you think hard enough or logically enough about what that means without importing any other vice…that is just a misunderstanding how law works…."

"and to pretend that you find some magical logical formula is then not to take responsiblity for candidly explaining and acknowledging the real basis of the wellspring of the decision you are actually making."

He made some other interesting statements about conservatives values.

"We are entering a time when people speak of judicial activism without realizing that the issue more and more  is conservative judicial activism. The great hot button issues that we are talking about, guns, property, reverse discrimination are cases where those who favor conservative viewpoints want judges to set aside decisions made by Congress, state legislatures, local governments; the elected representatives…and more and more that is the issue as to whether judicial power will be used to invalidate what popularly elected governments have done and to do so in the name of certain conservative values"

(these are my transcribed notes from the video, so there may be some tiny inacurracies) Watch the video!

By Victoria J on 07/15/2009 8:42 am
L. C.

Victoria J

Thanks for the info.

By L. C. on 07/15/2009 10:39 am
Hans Muller
However you put it, all this new trendy, anti-white bashing, seems to become more and more popular, so it’s only normal that the conservatives react the way they do.  All this new challenging of what has been ‘precedent’, ‘settled’, to use Sotomayor’s own words recently is the foundation of American Law, which is not perfect, but aims to be as liberal, as open, as honest, as can be.  Mistakes will pop up, no one is exempt of errors. But imagine if a white man came up and said because of his white ethnicity, and because he had that background, and was a wise white man, and would more often than not reach a better decision than the female latino judges. That woman made a terrible mistake when she said that. Bottom line is, she is a racist, a sexist, holds grudges against white men, which would seem to be the trend these days. So I hope she rots in hell!
By Hans Muller on 07/15/2009 4:37 pm
F P
Another insecure ranting white male—grow a pair bud.
By F P on 07/16/2009 6:41 am
Amanda C

"waaaaaah someone who isn’t white got somewhere in life and isn’t apologizing for their gender and race! waaaaah"

shut up dude! talk about grudges and male insecurity- telling someone you don’t even know to rot in hell for being proud of who she is and where she comes from.

By Amanda C on 07/16/2009 1:02 pm
F P

I think  Maureen Dowd said it best: 

A wise Latina woman with the richness of her experiences would more often than not know that a gaggle of white Republican men afraid of extinction are out to trip her up.

And frankly for all their ranting they haven[t done much to throw her to the wolves.  She has maintained her calm and answered their questions with aplomb and civility even after Sen. Kyl’s 10 min. rant about nothing at all.  As for judicial activism, one only needs to look back to the 2001 election of Georgie by the Supremes to find judicial activism at its worst.

By F P on 07/15/2009 8:50 am
L. C.

FP

Geat Post!

I’ve nothing to add you’ve expressed my sentiments.

By L. C. on 07/15/2009 9:51 am
beth willis

Agree also, F P.  Yeah, I much preferred Diana Ross and the Supremes.  If I were from South Carolina, I would be looking for a new governor and a new senator.

Peace and grace

By beth willis on 07/16/2009 8:51 am
F P
Yep :-)
By F P on 07/16/2009 10:34 am
deber B

I’ve been watching this the past two afternoons and I have to agree that she is falling short of making her case.   However, that means nothing.   She will be "annointed" no matter what.   It’s a shame we have to waist the taxpayer’s money putting all of this effort and time in vetting someone who undoubtably will be the next Supreme Court Justice. 

This week is just a useless, pointless platform for egos.

By deber B on 07/15/2009 8:54 am
F P
"This week is just a useless, pointless platform for egos."  Indeed! Republican egos and a fat lot of good it’s doing them.
By F P on 07/15/2009 9:24 am
deber B
F P, the democrat’s egos far outnumber the republicans….only 7 republicans.   What’s new?
By deber B on 07/15/2009 10:43 am
F P
It’s the repub egos like Kyl’s who are doing the ranting as usual.
By F P on 07/15/2009 10:53 am
deber B
And, it is the democrats egos presenting all of the accolades.   F P, look, I agree with you, but let’s be fair that tremendous egos are filling that room up!   They love to "perform" in front of a camera.   Republicans are ranting and the democrats are fawning.   That has been going on since November 2008!
By deber B on 07/15/2009 11:50 am
F P
Of course they are.  That’s a given when a politician meets the TV camera. 
By F P on 07/15/2009 12:26 pm