Yesterday, 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.