Sonia Sotomayor’s absolutely revolting racism

Justice SotomayorYesterday, Sonia Sotomayor announced that she is absolutely horrified that the 14th Amendment can be used to prevent state government from engaging in race-based discrimination. Some may be a little confused by her argument, given that the 14th Amendment explicitly states that ” No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In ordinary parlance, that means that all laws must apply equally to all American citizens, regardless of anything that distinguishes one citizen from another (such as race, color, creed, sex, etc.).

For sensible people who believe that all humans are created equal, the 14th Amendment is a good rule. But it’s not good enough for Ms. Sotomayor (and yes, I mean “Ms.” because, really, after what she just did, it seems so wrong to give her the honorific “justice”). What did Sotomayor do? She abandoned legal reasoning in favor of ill-informed, racist navel-gazing, and she used the most august court in the land for her platform in feminist, racist idiocy. (I say “feminist” because, even though the case was about race, Ms. Sotomayor promised from the beginning that, rather than following the law, she’d offer ruminations from a “wise Latina.” So all her stuff is a “girl thing,” you know?)

Anyway, in Schuette v. Coalition to Defend Affirmative Action, Sonia (I’m so disgusted by her right now, I don’t even feel like using the generic honorific of “Ms”), wrote a 52 page pile of touchy feely goop about the fact that minorities are inferior beings. Moreover, she felt so strongly about innate minority inadequacies that she felt compelled to read all 52 pages from the bench — clearly, part of the punishment she wished to impose on dead, or still living, evil white males the world over.

I’m not trying to be mean, or anything, but the woman is a walking, talking argument against affirmative action, which advances women, minorities, and other non-white, non-straight, non-Asian, non-Jewish people simply because they weren’t born white, straight, Asian, or Jewish.   Here’s the heart of Sonia’s insanely racist (and non-legal, non-factual, highly navel-based) rant. Sonia starts by attacking the US’s bad history:

For much of its history, our Nation has denied to many of its citizens the right to participate meaningfully and equally in its politics. This is a history we strive to put behind us. But it is a history that still informs the society we live in, and so it is one we must address with candor. Because the political-process doctrine is best understood against the backdrop of this history, I will briefly trace its course.

She’s right, of course. Italians, Irish, Germans, Jews, Russians, Chinese, Japanese, East Asian, etc., all faced horrific discrimination. Peculiarly enough, once the discrimination ended as to these disparate groups, all were able, without any further effort on the government’s part, to ascend to the halls of wealth and power. Sonny’s problem (yeah, I’m at the point where even calling her by the pretty name “Sonia” irks me) is that she firmly believes that what worked for every other minority — just to be left alone — won’t work for blacks and Hispanics.

Before Sonny gets to her conclusion that blacks and Hispanics are inherent deficient (her thoughts, not mine), she takes us on an endlessly boring journey of efforts to discriminate which have all been done away with. Even as she tries to paint America as racially evil, she inadvertently keeps pointing to its self-correct mechanisms.

I sort of fell asleep somewhere when reading her tripe, but when I awoke, I found her claiming that there’s nothing in the 14th amendment that prohibits discriminating on the basis of race, because America’s educational institutions are improved by racial discrimination. No, really. That’s what she said:

Rather, race-sensitive admissions policies further a compelling state interest in achieving a diverse student body precisely because they increase minority enrollment, which necessarily benefits minority groups. In other words, constitutionally permissible race-sensitive admissions policies can both serve the compelling interest of obtaining the educational benefits that flow from a diverse student body, and inure to the benefit of racial minorities.

The above stunning quotation is followed by a lot more soporific stuff. Considering how plagued I am by insomnia, I really should have a copy of Sonny’s dissent by my bedside. It makes for exhausting reading. The only downside, of course, would be the inevitable nightmares flowing from her racially carved up universe.

So, anyway…. Blah, blah, blah. And then this, the moment at which she states that the only way to make effective the 14th Amendments constitutional guarantee not to discriminate is to . . . wait for it . . . discriminate:

That view [that the 14th amendment means that the law applies equally to everybody] drains the Fourteenth Amendment of one of its core teachings. Contrary to today’s decision, protecting the right to meaningful participation in the political process must mean more than simply removing barriers to participation. It must mean vigilantly policing the political process to ensure that the majority does not use other methods to prevent minority groups from partaking in that process on equal footing. Why?

Did she just end that deconstructionist, magical thinking rant by asking “Why?” Well, I’ve got the answer, so you can ignore Sonny’s new-Age, victim-based, PC bibble-babble version of an answer. The obvious reason Sonny believes that the government must discriminate, world without end, on behalf of blacks and Hispanics is that, in her mind, these two racial groups are congenitally incapable of partaking in the political process without Mommy and Daddy government holding their hands. Unlike all other minorities who pulled themselves up by their own bootstraps, her posse can’t do it. And if that isn’t the most vile racism you ever heard — a Supreme Court justice saying that blacks and Hispanics are defective and will always need government help just to get back — I don’t know what is.

I’m now bored with Sonny. Sonny is pathetically burdened by an unpleasant reality:  she got into college and law school and government work and the Supreme Court thanks to affirmative action.  She had neither the brains nor the self-discipline to make it on her own (unlike the legions of Jews, Italians, Irish, Asian, and East Asian immigrant kids who looked at their often squalid surroundings and made the decision to be the best and, without either government discrimination or aid, rose to the heights.  This painful knowledge goes some way to explaining her embarrassingly self-referential opinion. She knows that she’s inadequate and, rather than admitting to her own mental infirmities, makes herself feel better by telling the American people that all blacks and Hispanics are just as mentally deficient as she is.

Let me say this again: for every other group in America that suffered government sponsored discrimination, after the government stopped discriminating (either against or for them) that group was able to achieve social, economic, and political success within one generation. Sonny is too scared to give blacks and Hispanics that same chance. In order to justify in her own eyes the unfair advantage she got at every stage in her career, she wants to ensure that no black or Hispanic ever has to compete on a level playing field.

Part of Sonny’s decision is her racism, a disdain for blacks and Hispanics that would fit comfortably on a KKK Imperial Wizard’s lips. And the other part of it is her fear that, if they succeed, she’ll have to acknowledge the failure that lies under all the undeserved accolades and professional advancements that came her way.

Sotomayor reminds us that affirmative action is terribly unfair

Justice Sotomayor

Justice Sotomayor came to San Francisco and inadvertently made the case that affirmative action terribly unfair — and, moreover, that people are right if they believe, not that it gives qualified minorities a chance, but that it handicaps non-minorities at the expense of any minorities, qualified or not.

Let me unpack that first sentence.  All of us would like to see bright, hard-working kids succeed.  We have an innate sense that it is “fair” that those who work hardest get opportunities.  We approve of scholarships that reach out to poor children, enabling them to get the benefit of their own hard work and intelligence.

What we don’t like is a system that says to completely ordinary kids who make no specific effort:  “You!  Yeah, you.  Although you are undistinguished in all relevant ways, you’re going to get a leg up simply because of your race.”  In the old days, that sentence, more fully written, read “Although you are undistinguished in all relevant ways, you’re going to get a leg up simply because you’re white.”  Looking back now, we realize how heinous it was to spread opportunities unevenly simply because of race.

Yet that’s precisely what affirmative action does — spread opportunities unevenly because of race.  The government, rather than being magisterially even-handed, has taken sides.  Instead of funding scholarships for accomplished young people, it funds scholarships for racially appropriate people (emphasis mine):

Supreme Court Justice Sonia Sotomayor, in town Monday to promote her newly released memoir, said she couldn’t talk about affirmative action because of a pending court case. In the next breath, she talked about what it had meant to her – admission to Princeton and Yale Law School and the launching of a legal career.

“I was given the chance to get to the start of the race and it changed my life,” the 58-year-old justice told a sold-out Commonwealth Club audience at the Herbst Theatre in San Francisco.

When she entered Princeton on a scholarship in 1972 despite unspectacular test scores, she recalled, the school was in only its third year of admitting women and had barely a handful of minority students.

Isn’t that nice for Sotomayor?  She got into Princeton despite the fact that she didn’t qualify.  And doesn’t it just suck for the hard-working white or Asian kid who, in that same year, had spectacular test scores (not to mention good grades), but was nevertheless barred from Princeton because Sotomayor took her place?  If Sotomayor had been a brilliant student, it’s probable that none of us would have cared that she, a kid from a dodgy New York neighborhood, was granted admission over a kid from somewhere suburbia.  What grates is that Sotomayor hadn’t earned her place academically.

I recognize that Sotomayor’s opportunity came about in 1972, when affirmative action was meant to be a quick fix — a head start — to make up for the decades of discrimination that immediately preceded those first few years of affirmative action.  What rankles is that, two generations later, we’re still giving a hand up to mediocre people in the name of race.  In other words, we’ve institutionalized racism just as certainly as those Jim Crow people did.  We now frame it affirmatively, in that we boast that we’re pulling some people up, as opposed to pushing other people down, but it’s the same thing:  too often race, not merit, determines who gets to grab the educational and employment gold ring.

Sotomayor seems like a nice, hard-working woman, although I couldn’t disagree more with her approach to the law.  She also seems like someone who benefited from an inequitable program at a time that at least gave some credibility to the program, but who now seeks to use the extraordinary power granted to her to make Leftist Jim Crow laws a permanent part of America’s racist landscape.

________________________

*I’d originally written “economically disadvantaged children,” and then thought, “Why am I cluttering my writing with this lardy PC jargon?”  So I changed it to “poor children,” which makes the point just fine.

Your betters in Washington are just more important than you are

There’s still time to make a stand by signing the White House petition urging that we establish “gun free zones” around the President, VP, and their families.  The thinking is that what’s sauce for the goose (we, the People) should definitely be sauce for the gander (our employees in Washington, D.C.). As of now, the Petition needs only 4,511 more signatures.  I would love to see the White House explain why the Progressive privileged few are more important than you and your children.  (I assume they’ll talk about the increased risk to them because of their office, but it seems to me that the residents of Washington, D.C., Chicago, Detroit, Houston, and L.A. slums are at infinitely greater risk.)

I was reminded again of Progressive double standards when I saw 60 Minutes’ slobbering love letter to Justice Sotomayor.  (Funny, I don’t remember that kind of drooling love for Clarence Thomas, who has an equally compelling life story.)  The story opens with the love-struck reporter taking a walk with Sotomayor through her childhood stomping grounds in the Bronx.  That would be fine, but for the fact that the first minute of the story points out, not once, but twice, that she’s surrounded by armed guards.  First, the reporter makes a verbal point of that fact; then the Bronx segment ends with Sotomayor taking a group shot with the five members of the NYPD drafted to provide her with a type of protection none of her former neighbors will ever see.

From Sotomayor’s armed guards, to Obama’s Secret Service for life, to David Gregory getting a pass for blatantly breaking the law, the message is clear — our Progressive overlords are more important than those who pay their salaries.

Near the end of the 19th century, Anatole France famously quipped that “The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.” The joke, of course, was that the rich would never be caught engaging in those illegal activities. In Obama’s America, the joke has gone one step further: the Progressive elites get to engage in precisely the same activities as ordinary folks do, including illegal acts, but they get to do so wrapped up in cotton wool that protects them from the risks they’ve forced upon the regular Joes in this great country.

Your quote for the day

J.C. Arenas on the laundry list of qualifications for Obama’s Supreme Court picks:

Obama’s first Supreme Court appointment was Sonia Sotomayor, the Bronx-bred daughter of Puerto Rican parents, who supposedly was a valedictorian student with a deficiency in English and become an Ivy-League educated jurist credited with saving Major League Baseball.

Now we have Elena Kagan, the granddaughter of immigrants, who as Dean of Harvard Law, introduced the concepts of civil debate, a faculty lounge, free coffee and tampons.

If this woman has some legitimate qualifications to serve as a Supreme Court Justice, I hope they are presented soon; otherwise I’m going to have a win a year supply of Laffy Taffy to find a bigger joke.

The word “mediocrity” springs to mind.  So does the story Harrison Bergeron.

Wise Latina in on the Supreme Court

It was a foregone conclusion, but it’s still irksome that the RINOs piled on for Sotomayor.  It’s not just that she’s a judicial activist who dislikes self-defense, lies about her record, and shilled for a radical Puerto Rican group.  It’s that the hearings showed something very, very specific about her:  she’s a complete mediocrity.  The woman is as dumb as a somewhat smart post.  She’s a slow thinker.  She’s uninformed.  She’s a tribute, not to brains and hard work, but to affirmative action.

On the good side.  It is entirely possible that the charming and tactful Justice Roberts might be able to move that slow brain into a different world view.  If she were as bright as he, it is likely that she’d be able to match him argument for argument.  As a lesser legal light (heck, a lesser anything light), she might not be able to muster coherent arguments to justify her positions, and may prove to be a very weak liberal link indeed.

Sotomayor a true judge — incoherent *UPDATED*

You know that I don’t like judges.  I’ve certainly made no secret of that fact, and it’s no doubt a by-product of practicing law in a region crawling with activist judges.  Listening to Sotomayor struggle to articulate things — and to avoid her own footprint — in response to Sen. Lindsay Graham’s questioning is painful.  It’s especially embarrassing when you hear her try to explain why the Constitution directly addressed abortion.

(Graham’s questioning, incidentally, is excellent.  He makes incredibly good use of his “good ole boy” persona to leave her without anything to say.  When Sotomayor does answer, her answers are manifestly non-responsive.)

While Sotomayor’s incoherence and weaseling aren’t surprising, what is surprising is the truly nasty attack that Nancy Benac at the AP — the AP! — launched against her:

It’s a good thing Sonia Sotomayor speaks Sotomayoran.

After week upon week in which plenty of other people on the planet interpreted Sotomayor’s past comments, the Supreme Court nominee at last got a chance to deconstruct her own words Tuesday before the Senate Judiciary Committee.

Fingers splayed, palms flat, hands bouncing up and then deliberately pressing down to the table, Sotomayor elaborated, clarified, expanded, retracted.

She drew loopy circles on her paper; she ran rhetorical circles around her past words.

“I didn’t intend to suggest …” she explained.

“What I was speaking about …” she offered.

“As I have tried to explain …” she parsed.

“I wasn’t talking about …” she demurred.

She was a tough critic at times.

“I was using a rhetorical flourish that fell flat,” she averred.

“It was bad,” she said. Of her own words.

You really have to read the whole thing to get the flavor.  Benac is hostile.  It’s bizarre coming from an AP writer.  I wonder how long Benac will have a job.

UPDATE:  Welcome, Instapundit readers!  This is, of course, the obligatory (and heartfelt) “stop and look around” message.  I really do mean it, though.  Much as I’m delighted that you’re visiting this post, it’s not the best representation of how I write.  If you want to see whether I’m worth visiting again, you’ll get a better sense of me by reading this post (which is one of my periodic better efforts), or this one (which is pretty typical for me).

UPDATE II:  For more on the fact that Sotomayor is not merely imbecilic, but is also dishonest, Jennifer Rubin is a great place to start.  The question then, and it’s a question only for intellectual entertainment, is whether she knows she’s lying or whether she’s a pathological narcissist whose version of the absolute truth is always defined by the needs of the moment.

What I wish some senator would say to Sotomayor *UPDATED*

The Washington Post is warning Republican senators not to be mean to poor Judge Sotomayor.  It’s a funny (inadvertently funny) article, because the Post editors acknowledge that Obama was anything but gracious when he was a Senator; then they explain why, even though he wasn’t gracious, he was right; and then they urge Republicans to be totally nice to Sotomayor, presumably because Obama is still right.

Of course, the main reason Republicans are being told to be nice is because Sotomayor is a woman and a Hispanic.  If I were a senator, my opening statement, before I began my questions, would be short and sweet:

Welcome, Judge Sotomayor.  Before I begin my questions about your qualifications and your understanding of a Supreme Court justice’s role, I’d like to address one thing.  My questioning will be rigorous.  I will not offend you, and every woman and Hispanic in America, by acting as if either your sex or your ethnic identity have rendered you incapable of standing up to the same brisk scrutiny as any other judicial candidate who has appeared before this body.

Mine is a constitutional role and I take it very seriously.  The Supreme Court is the court of last appeal in this land, and it is the court that it is responsible for ensuring that the laws of this land comport with the Constitution.  I would therefore be remiss in my duty, and insulting to you, if I treated you as a lesser being by denying you the opportunity fully to explain your views.

UPDATE: More on the race issue.  After you’ve what Tom Elia has at his blog, come back and tell me if Jesse Washington’s comments make any sense at all.

Follow the money

Something very weird is going on when a woman has worked 25 plus years as a lawyer (in both the private and public sector), but has only about $1,000 in savings, and less than $1,000,000 in equity.

Financial records may show that (a) she gave everything to charity; (b) she gave everything to poor relatives; (c) she had terrible and costly health problems; (d) that she has a drug or gambling problem; or (e) that she is, and always had been, profligate beyond reason.  Suggestions (a) through (c) would speak well of the woman; possibilities (d) and (e) would speak badly of her, especially if she were being put forward to fill a job that requires wisdom, balance, and an understanding of the way business and money work.

I’m talking, of course, of Sonia Sotomayor, and the bizarre case of the missing money.   I wonder if this summer’s hearings will delve into this interesting little mystery.

Peeling off the Sotomayor layers

Phyllis Chesler wrote a nice column today reminding conservatives (a) not to Bork Sotomayor (because two wrongs definitely don’t make a right); and (b) to make sure to develop Sotomayor’s understanding of the Constitution and her role as a judge — because, after all, that is what this whole job interview is about.

Because of the good news/bad news that keeps flowing from Sotomayor’s sudden presence in the popular consciousness (which shows her as a potentially racist, potential protector of the First Amendment; potential identity politics ideologue, potential Catholic voter on abortion, etc.), Chesler is absolutely right about approaching Sotomayor with both diligence and respect.  The same good news/bad news cycle also reminded me of the Simpson’s episode “Hungry are the Damned.”  Pay close attention to the cookbook scene:

Sotomayor’s good instincts on free speech

Sotomayor’s statements about judges (better if they’re female and minority) and their role (to make policy) have been disturbing.  It’s worth nothing though that, as James Taranto points out that, on at least one occasion Sotomayor came out strongly in favor of free speech, even though it was very ugly speech:

Sotomayor Plays Against Type

Blogger Tom Goldstein has a roundup of Judge Sonia Sotomayor’s opinions on the Second U.S. Circuit Court of Appeals, and one First Amendment case caught our attention. Here’s Goldstein’s summary:

One of her more controversial cases was Pappas v. Giuliani, involving an employee of the New York City Police Department who was terminated from his desk job because, when he received mailings requesting that he make charitable contributions, he responded by mailing back racist and bigoted materials. On appeal, the panel majority held that the NYPD could terminate Pappas for his behavior without violating his First Amendment right to free speech. Sotomayor dissented from the majority’s decision to award summary judgment to the police department. She acknowledged that the speech was “patently offensive, hateful, and insulting,” but cautioned the majority against “gloss[ing] over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives just because it is confronted with speech is does not like.”

In her view, Supreme Court precedent required the court to consider not only the NYPD’s mission and community relations but also that Pappas was neither a policymaker nor a cop on the beat. Moreover, Pappas’s speech was anonymous, “occur[ring] away from the office on [his] own time.” She expressed sympathy for the NYPD’s “concerns about race relations in the community,” which she described as “especially poignant,” but at the same time emphasized that the NYPD had substantially contributed to the problem by disclosing the results of its investigation into the racist mailings to the public. In the end, she concluded, the NYPD’s race relations concerns “are so removed from the effective functioning of the public employer that they cannot prevail over the free speech rights of the public employee.”

We’re not sure where we come down on this particular case, but we like Sotomayor’s instinct to err on the side of protecting speech–an instinct that was a hallmark of “liberal” jurisprudence in the days of the Warren court but really is not anymore.

[snip]

If President Obama’s first nominee turns out to be an old-style liberal with a reverence for free speech, the country could have done a lot worse.

I was also interested to read that there is concern on the Left that Sotomayor, a Catholic, is not a reliable vote on Roe v. Wade.  I won’t go into my abortion ambivalence here (sufficie it to say that I’m more pro-Life than I was, but less pro-Life than I could be), but I do find it interesting that her own fans are worried.

The easy attack on the 32 words

You can’t read a blog, attend a press conference, read a paper, or even think about Sotomayor without those 32 words popping into your head:

“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.”

Because the remark makes statements about people based on their race and sex, many have reached the obvious conclusion that Sotomayor was being racist and sexist.  Democratic partisans have rushed to her defense by contending that only racists and sexists would find a remark defining people by race and attribute to be, in fact, racist and sexist.  (Clearly, these people have been studying at the Humpty Dumpty school of English:  `When I use a word,’ Humpty Dumpty said in rather a scornful tone, `it means just what I choose it to mean — neither more nor less.’)

But isn’t there a much more obvious, less racially and sexually charged way to read that language, and one that reflects equally poorly on Sotomayor?  Let’s look at the context of her 32 words, as Jake Tapper did:

The larger context of the sentence is Sotomayor addressing former Justice Sandra Day O’Connor’s famous quote that “a wise old man and wise old woman will reach the same conclusion in deciding cases.”

“I am also not so sure that I agree with the statement,” Sotomayor says. “First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.”

“Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society,” she said. “Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.”

“However, to understand takes time and effort, something that not all people are willing to give,” she continued. “For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.”

She went on to say that “each day on the bench I learn something new about the judicial process and about being a professional Latina woman in a world that sometimes looks at me with suspicion. I am reminded each day that I render decisions that affect people concretely and that I owe them constant and complete vigilance in checking my assumptions, presumptions and perspectives and ensuring that to the extent that my limited abilities and capabilities permit me, that I reevaluate them and change as circumstances and cases before me requires. I can and do aspire to be greater than the sum total of my experiences but I accept my limitations. I willingly accept that we who judge must not deny the differences resulting from experience and heritage but attempt, as the Supreme Court suggests, continuously to judge when those opinions, sympathies and prejudices are appropriate.”

As you can see, the starting point for this discussion was O’Connor’s race and sex blind statement that “a wise old man and wise old woman will reach the same conclusion in deciding cases.”  (One could argue that this is ageist but, considering that we all hope to attain some degree of age, it’s hard to put a lot of weight behind that argument.)

Sotomayor’s approach to challenging this argument was to wander a little bit through selective judicial  history, and then to launch into discussion about her own race and sex, and her own life and experiences.  Her reference to that incredibly wise Latina woman must be seen in that context.  I’m therefore willing to bet that Sotomayor had not a thought in her head for the Latina saleswoman working in Macys, scrubbing someone’s floors, or doing duty as middle level management in a major American corporation.  This is all about Sotomayor.  In her estimation, she is that wise Latina woman.

In other words, Sotomayor has stumbled across the ultimate in identity politics:  she’s put herself into a victim class of ONE — herself.

As for me, the thought of having someone so self-centered sit in judgment on my case, or on legal issues that will affect me, is terrifying — almost more terrifying than if she was the racist and sexist her detractors claim her to be.