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Supreme Court, Sonia Sotomayor | 05/26/2009 8:45 am

President Obama Picks Sonia Sotomayor as Supreme Court Nominee

Bronx-born Sotomayor would be only the third female judge on the high court; she’s expected to be confirmed by the Senate
By The Staff at wowOwow.com

President Obama has chosen the "inspiring" Sonia Sotomayor as his nominee for the Supreme Court.

"Over a distinguished career that spans three decades, Judge Sotomayor has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective" that will be much valued in the court, Obama said in announcing his pick this morning. "Walking in the door, she would bring more experience on the bench … than anyone currently serving on the Supreme Court had when they were appointed."

Sotomayor, a 54-year-old U.S. court of appeals judge, is considered one of the more moderate candidates on Obama’s list for the court vacancy, left open by retiring Justice David Souter. If confirmed, Sotomayor would be the first Hispanic and third woman in history to serve on the court.

It is expected Sotomayor’s nomination will get through the Senate Judiciary Committee and full Senate, with Democrats in charge. But that doesn’t mean she will get a pass from Republicans, particularly if she is considered too liberal. Opposition groups are already gearing up to fight against Sotomayor’s confirmation. The judge has already taken some heat from interest groups for rejecting a discrimination suit filed by white firefighters in New Haven, CT, who say their promotion tests were tossed because no people of color passed. That case is currently before the Supreme Court. She has also been blasted for videotaped comments she made at a 2005 Duke University panel, where she noted that facts tend to drive the decisions at the District Court level, but that the "Court of Appeals is where policy is made." There has also been some concern that, while Sotomayor is a good lawyer, she’s "not that smart and kind of a bully on the bench," reported The New Republic.

Sotomayor was born to Puerto Rican parents in Bronx, NY, in 1954, and grew up in housing projects near Yankee Stadium. Sotomayor went on to graduate from Princeton and, later, Yale Law. She was also an editor of the Yale Law Review. She was nominated by George H.W. Bush on November 27, 1991 to serve as a judge in the U.S. District Court and was elevated to the appeals court by President Clinton. She now serves as a judge in the 2nd U.S. Circuit Court of Appeals in Manhattan. Prior to her district court gig, Sotomayor spent five years as a prosecutor with the Manhattan District Attorney, then worked as a commercial litigator. She spent 12 years working as a top policy maker on the board of the Puerto Rican Legal Defense and Education Fund, served on the board of the State of New York Mortgage Agency, and became a founding member of the New York City Campaign Finance Board. In 1995, she took a mere 15 minutes to issue an injunction that led to the settlement in the 1994-95 Major League Baseball strike, notes The New York Daily News.

As a child, Sotomayor loved Nancy Drew stories (who didn’t?!) and wanted to be an investigative detective like that female heroine. She also loved the show "Perry Mason," which helped inspire her to be a lawyer.

Sergio Sotolongo, a high-school friend of Sotomayor who attended Princeton with her, said he has no doubt the "dynamic" Sotomayor can handle her own in the high court, despite what her critics may say.

She is "extremely fair, with respect to her perspectives. Someone who is absolutely studious and has the intellectual capacity and horsepower, I think, to really go toe-to-toe with the other justices on the bench and I think she’s going to be a real big force," Sotolongo told MSNBC. "I think she represents the everyday man. …I think this is the last thing she expected, quite frankly, but something that is very well deserved. And I think she will be terrific."

The National Organization for Women today will launch its "Confirm Her" campaign to urge the Senate to swiftly confirm Sotomayor.

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

Maggie W

I know little about her, but anyone he would have been picked would be subjected to the same harsh scrutiny.  As for her not being that smart, I suspect she would not where she is today is that is true. 

I am thrilled he chose a woman.  Recently, after hearing a case about a 13 year old girl who was strip searched for ibuprofen, Justice Ruth Bader Ginsburg later commented that she was the only justice on the bench who knew what it was like to be a 13 year old girl.

Empathy.

By Maggie W on 05/26/2009 9:08 am
Belinda Joy
I don’t think President Obama made a wise pick in this regard. Let’s see what fall out comes from it.
By Belinda Joy on 05/26/2009 9:11 am
phyllis Doyle Pepe
Belinda: why do you think that?
By phyllis Doyle Pepe on 05/26/2009 9:26 am
Belinda Joy

Like most on this site, I have done my research about those making the short list for Pres. Obama to consider.  I can count on two fingers the times I have agreed with S.J.  about anything, but if you read the article she pasted on this thread, you will have the answer to why I don’t want to see her occupying such an important chair. Just as I would not want to hear a White man stating because of his race and gender he has a special and advanced perspective than others, so too does that apply to a Latina, Black or Asian person. She doesn’t and shouldn’t get a pass for some of the opinions she has voiced simply because she is Latina.

I am surprised that President Obama, a man of such a multitude of ethnicities, one who truly lives his life and political career seeing both sides of an argument (which I respect him for) chose someone who admits aloud her belief that her ethnicity and gender is something that will be of some importance when deciding case law. It’s not suppose to. And in some instances I can imagine it does come into play, but as a top jurist in our nation, impartiality is of the utmost importance.  We’ve had decades of partial treatment by the courts, I was hoping our new president would recognize that and attempt to seat those that are not partial. There is reverse discrimination in this country whether we want to admit it or not, and something tells me we may now have a jurist who would like nothing better than to stick it those who wield so much of the power in the U.S. since its inception.

As a Black woman I would be concerned if a "David Duke" type of person was picked, and likewise if I were a White male, I would be concerned that Judge Sotomayor was picked. The Republican may have a valid argument with this one.

By Belinda Joy on 05/26/2009 10:40 am
phyllis Doyle Pepe
Thanks for replying. I think what she meant was that her being a woman, a Latina, with her particular background, gives her a perspective that a privileged white male doesn’t have. I wrote on another thread about those 5% incidents in cases where you have to use your heart, your sense of fairness, etc, in making your decision. And when each and every one of those judges find themselves in those 5% positions, you better believe their decisions rest on who they are, where they come from, where their heart is. I did a lot of research on Clarence Thomas because to me he was a fascinating character and the Congressional hearings  for his confirmation still haunt me. There was no doubt in my mind that Anita Hill was telling the truth. One of the books I read that might interest you is the biography of Thomas entitled, "Supreme Discomfort."  Sheds a lot of light on a lot of things. 
By phyllis Doyle Pepe on 05/26/2009 11:11 am
Belinda Joy

Phyllis, Clarence Thomas epitomizes the cautionary tale of choosing someone for the highest court in the land who should not hold that seat. He is a man that has HUGE identity issues, and in many ways I equate him to O.J. Simpson and others who only identify themselves and use their race when it is to their benefit.

Rest assured Clarence Thomas’s comment about him feeling like it was a current day lynching was only profound to him because HE was on the receiving end of it. Yet let it had been any other Black man being accused of those deeds and HE was in a position to judge, I doubt that he would have defined the scenario as such. To the contrary, he would have been the loudest supporter to convict as guilty.

It is possible to judge a situation or event without allowing your own race or gender to be part of your prism. I know, I do it everyday. I am close friends with people who most would suggest I not be. And I am not special, so that tells me the world is filled with people who have the same ability. Why can’t we have a supreme court made up of people capable of doing the same.  Race and gender do not have to be the center of every discussion.

Pres. Obama won not because he is of color, but because he was the most qualified. We now have someone who may be serving on the supreme court who has said and admitted to skewed thinking. She should not be in a position where she can argue law at this level. I find her pick disturbing.

By Belinda Joy on 05/26/2009 12:12 pm
phyllis Doyle Pepe
I agree about Thomas. He lied to Congress and some of those that voted for him now regret it, saying that they were duped. Of course it is possible to judge without letting your own race or gender direct your decision, but your race and gender make-up the person that you are and because of that it influences. That was my point.( Obviously race and gender are not the center of every discussion). I don’t understand what you mean by "skewed"  thinking on the part of Sotomayer. 
By phyllis Doyle Pepe on 05/26/2009 12:40 pm
Belinda Joy
“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,” said Judge Sotomayor

This is what  I meant by skewed thinking.  I’m not Irish. So someone brought up in a traditional Irish home, with a thick brogue and catholic beliefs is someone that has lived a different life than I have. Yet as an American we share the same history in terms of knowledge about politics, police, education, work, etc. etc.  So if we are chosen to sit on a jury together, "to judge" - an Irish person who has committed a crime, how is the fact that I am Black and the other person is Irish, how does that translate to my fellow juror having a better understanding of why or how the defendant committed the crime?

It doesn’t and shouldn’t. Nor should it if the defendant was Black. "Well as a fellow Black person you have to understand where he’s coming from…you see black people…." What?  That makes no sense. The cases that she will be entrusted to evaluate should not call into consideration her ethnicity or gender. That is my point.

We (speaking collectively) keep saying we want an equal playing field and yet at every turn people keep calling for preferential treatment. We have to have a woman, we have to have a Black, we have to have a Latino….. I just find that an antiquated way of thinking. It’s as if we have one foot firmly planted in our past and another in the future. As a woman I wanted to see our president appoint a female, but truly and this is not bull, only if that woman was the mOST qualified. I’m not sure Pres. Obama can say this is the case with Judge Sotomayer. I feel she was chosen because she is a woman AND Latina, two aspects that he knew most would give him kudos for. Not because she was the most qualified.

By Belinda Joy on 05/26/2009 2:29 pm
R.J.B. Reed

I don’t think you quite understand what is meant by "empathy" in this context.  It’s a much more subtle effect than, "I am a woman.  She is a woman.  Thus, I understand her motives better."  The issue is that we use our life experiences as the filter through which we try to understand another person’s actions.  This isn’t usually a conscious process.  It’s something that goes on in the background.  And it’s not just attached to gender, race, religion, etc.  It’s simply that those traits have a large effect on the life experiences a person has.

Let’s use an example.  Let’s say you have a woman who went on a date with someone from her circle of friends and ended up getting raped.  Let’s say she ultimately decides not to go to the police with this because she doesn’t think anyone will believe her and she just wants it to be something from her past.  Now, lets say she is on a jury where a rape case is under trial where a man is being charged with date raping a woman who didn’t go the police right away due to his connections with her life.  Some women will think, "Well, she probably changed her mind after the fact.  If it were really rape, she’d have gone straight to the police.  Who cares if this guy is her friend and friends with all of her friends.  *I* would go to the police."  But, the date raped woman might feel, due to her own experience, that waiting to go to the police is understandable and not something that should necessarily be used to find the guy not guilty.

It’s really quite subtle, and independent of whether a crime was actually committed.  Don’t forget, that our legal system isn’t completely blind to the reasons behind a crime.  For instance, a person who is being abused who kills her abuser is often given much more leniacy when it comes to sentencing because of empathy.  It’s very hard to empathize with a situation that you don’t understand, and it’s harder to understand a situation you’ve never been in.

I agree that if a much more qualified candidate is passed over due to gender or race, it’s a bad thing.  But, I think that using race or gender to decide between two (or more) equally qualified individuals IS perfectly valid.

By R.J.B. Reed on 05/26/2009 3:21 pm
Belinda Joy
But, I think that using race or gender to decide between two (or more) equally qualified individuals IS perfectly valid.

Aah Dear RJB, and there’s the rub…..Is Judge Sotomayer the MOST qualified among those who were considered? We’re not talking about "equally" qualified, we’re talking the "most." And if so what criteria was used to determine such?  Because there were others who were being considered who I believe are more qualified than her. But then again, President Obama sees something in her I do not.

You make so many valid points, I think as is the case with many issues in life it boils down to personal perspective. I can tell you and I view issues very differently, and that’s okay. It’s why I argue so much for the Republican party to get their act together, because opposing opinions are important.

By Belinda Joy on 05/26/2009 3:57 pm
R.J.B. Reed

I personally am not qualified to determine whether Judge Sotomayer is qualified.  As with any pick for the USSC, there are a group of legal experts saying that she is qualified because of X,Y and Z and another group saying she isn’t because of A, B and C.  I have not studied law, so I suspect my ablity to understand these issues is as limited as non-scientists who argue about scientific theories by quoting various experts.  I feel that the process for picking USSC justices has been well proven over the last 200+ years, so I’m content to wait and see what happens.

As for what criteria makes an individual qualified, well, that’s incredibly complex.  This is not the sort of job were you can say, "Well, if you can flip a burger and count to 10, you’re qualified."  There are a number of factors which are important and just as I’m not qualified to say whether Sotomayer is qualified, I’m also not qualified to say which qualifications are necessary for the job beyond the very basic easy ones.  I’m not even certain that the people who *are* qualified to say what the qualifications all agree on what they should be because it’s a matter of perspective.  Since it is a matter of perspective, and perspective is based on one’s life experiences, this is an example of why having a diverse group of justices may serve us all better.

One thing that doesn’t seemed to be examined, is that what we the people want is the best Supreme Court possible.  So, this involves the best fit of people on that court.  That may mean that there are candidates who would be better qualified than Sotomayer, were the make-up of the court different.  I don’t believe that the decision of who to appoint to fill a seat on the USSC should be made in a vacuum.  The abilities, interests, and biases of the other justices should also be considered.

By R.J.B. Reed on 05/26/2009 6:10 pm
Kelly In Texas

Great post Belinda….

I for one am sick of hearing about color or gender. Enough. The fact of the matter is that as you stated, there is reverse discrimination. Why should anyone cheer on the facts that anyone is a particular color, or sex? Either they can stand on their accomplishments are they can not, that and only that should be of concern.

I am also sick of hearing this "American Story" BS. How does a person of color now have any more of an American story than what appears to be a white American born person? They don’t.

I actually think that someone that had grown up in a time of extreme struggles do NOT have a particularly better experience of which to make their decisions. I feel that their experiences are more slanted than level in many regards. The America of today is no where near the America of even 20 years ago.

Too much is made of race and gender any more.; it has eclipsed the human element and has reduced things to the most superficial of levels.

 

By Kelly In Texas on 05/26/2009 11:12 am
R.J.B. Reed

People cheer when someone of a particular race, gender, religion, or sexual orientation becomes successful in a field where that person’s race, gender, religion or sexual orientation has been a barrier to success in that field in the past because it shows progress.  In some respects, its human nature to cheer for the underdog.  Why do you think there really aren’t any movies about how the rich guy got richer?

As for the american story, there’s always been the idea that america is the sort of place where everyone rises to the level their talents allow them to, regardless of class.  This is a tradition that has extended since the beginning of the country, when people fled the much more static structure of Europe (at that time) for here.  And, thus, someone who starts out poor and disadvantaged is celebrated as fitting that ideal.  Unfortunately, it’s not entirely true that a person’s success is only determined by his or her talents.  Many things come into play, which give an unequal playing field.

A person who has never had any adversity WILL have trouble understanding other people’s issues.  I was an extremely poor college student because a multitude of reasons that are unimportant.  I went to school in an area where many people were quite weathy, and in my discussions with these people it was obvious that they didn’t "get" it.  For instance, due to a paperwork snafu one semester my financial aid was not going to arrive in time to pay my tuition by the appointed time.  So, I went to speak to a financial adviser because if my classes were dropped I wouldn’t be able to get back into them given the lengthy waiting lists.  His advice was to pay the bill with my own money, and then get reimbursed when I got the financial aid.  I pointed out that if had enough money to pay it, I wouldn’t be getting finacial aid.  He then said that I should ask my parents to pay it, and then reimburse them.  I pointed out that if my parents had had enough money to pay the bill, I also wouldn’t be getting finacial aid.  Those were his only suggestions……   Now, it’s entirely possible that there was nothing the man could’ve done for me so the fact that he was completely clueless might not have mattered.  But, his complete inability to understand where I was coming from WAS a problem.  (for those interested, I covered my tuition by switching to an installment payment plan which cost me ~$500 extra that year and due to a very very awesome professor lent me a couple thousand dollars when she found me crying in the bathroom…..)

In short, it’s easy to be successful when you start successful.  It’s much harder when you don’t, and we as a people are always more interested in those who had to work hard.

By R.J.B. Reed on 05/26/2009 3:36 pm
R.J.B. Reed
I don’t think it’s possible for a person to completely divorce their life experiences from the decisions they make, no matter how impartial they are attempting to be.  This has been brought to my attention many times while TAing.  No matter how "fair" a TA attempts to be, there are always cases where our inherent assumptions based on life will affect our decisions.  I think that sticking our heads in the sand and not recognizing how this affects the way the judicial system works is a little bit absurd.  Yes, "reverse" discrimination occurs (and by using that phrase I think that a certain cultural viewpoint is established.  Discrimination is discrimination.  It’s not reverse when it happens to straight white men.), but I think that the interests (and experiences) of straight white men are well represented on the current court.  This isn’t to say that I would approve of an inferior candidate being chosen based on race or gender, but that I see no problem with using race or gender to choose between equally qualified candidates.
By R.J.B. Reed on 05/26/2009 1:33 pm
Belinda Joy

I disagree with your beliefs in this regard RJB, but I understand them. Over the past week everyone I know has been speculating it would be Sotomayer. And as I voiced my concerns about her, friend after friend pointed out to me that I needed to look at her possible appointment in perspective.The Supreme court is suppose to be a court that represents the country as a whole. Back in the 60’s when Blacks were finally gaining true equality, President Johnson appointed Justice Marshall. Partly because he was qualified but more so because he was Black. In doing so he thought it would bring a different perspective to the court’s panel. 

My friends are saying because our country as every day clicks by is becoming more Latino, President Obama is under a great deal of pressure to add a voice for the Latino community. Unlike my ancestors from the 40’s, 50’s and 60’s if I am met with discrimination I take it head on. I don’t allow my rights to be denied, and I recognize this was not a priviledge afforded them back then. But we are in an era where we all (Black, White and Latino or female) should be able to say the same.

The decisions that she will be required to make 99.9% should be devoid of her personal life experiences. We have seen for decades now decisions made from justices that DO allow their personal ideology and perspectives to play a role in how they rule. That has not served us well.  With her appointment we are simply perpetuating a standard that has been taking place for countless years. The only difference is now instead of White men applying their bias and personal perspectives to their rulings, we will have a Latina who will (because as she says she has a better understanding than a White man) apply her personal bias and perspective. One is no more correct than the other.

By Belinda Joy on 05/26/2009 3:18 pm