May 26, 2009
Martin Luther King vs. Sonia Sotomayor
A great question, courtesy of National Review's Jim Geraghty:
When, Precisely, Are a Judge's 'Sympathies and Prejudices' Appropriate?
From Latin/a Rights and Justice in the United States: Perspectives and Approaches, by Jose Luis Morin, p. 104:
As a Latina member of the judiciary, Judge Sotomayor maintains that Latino and Latina judges must retain their identity and be able to use their experience and background, not to curry favor for their own, but to make the system fair for all: "[W]e who judge must not deny the differences resulting from experience or heritage but attempt ... continuously to judge when those opinions, sympathies, and prejudices are appropriate."
Perhaps Judge Sotomayor could explain when it is appropriate for a judge to approach a case with sympathies and predjudices?
Don't federal judges specifically take an oath to avoid sympathies and prejudices?
"I, __________, do solemnly swear (or affirm) 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 and
perform all the duties incumbent upon me as (name of position) under the Constitution and laws of the United States. So help me God.”
I guess the dream of a colorblind society, a society where justice is blind, too, is passe.
Folks, we are in big trouble.
Do you think Dr. King would approve?
Posted by Mike Lief at May 26, 2009 10:26 PM
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Comments
The analysis by MSM, based on the president's comments, accepts without hesitation the concept that judges are policy makers. This is so far away from the constitutional directives to the courts, and to the other branches of government to which policy-making is expressly delegated, that it should be the focus of the discussion. Race, gender, demeanor . . . all are relevant factors only if the judge is regarded as a policy-maker instead of a decision-maker. The substantial body of law surrounding Article III is expressly intended to keep judges out of situations that are reserved for other branches of government or are not actual cases for decision. Only the present administration would get a free pass from the MSM on this issue.
Posted by: The Little Coach at May 27, 2009 08:14 AM
George Will hits another issue with the Sotomayor nomination, on the head: What would have been the MSM response if, during Alito's nomination, he had said that he believed that his experience as a white male would enable him to make a better decision than a Latina female?
Posted by: The Little Coach at May 27, 2009 09:59 AM