Sotomayor and Racial Bias

sonia-sotomayor

Yesterday Supreme Court nominee Sonia Sotomayor began her confirmation hearings before the Senate Judiciary Committee. Members of the Hill, as well as the press, continue to debate whether Sotomayor’s ethnicity has affected her judgment from the bench.

Eugene Robinson wrote an excellent op-ed piece at the Washington Post which perfectly articulates my own growing frustration with this line of questioning. He writes:

“Republicans’ outrage, both real and feigned, at Sotomayor’s musings about how her identity as a “wise Latina” might affect her judicial decisions is based on a flawed assumption: that whiteness and maleness are not themselves facets of a distinct identity. Being white and male is seen instead as a neutral condition, the natural order of things. Any “identity” — black, brown, female, gay, whatever — has to be judged against this supposedly “objective” standard.

Thus it is irrelevant if Justice Samuel A. Alito Jr. talks about the impact of his background as the son of Italian immigrants on his rulings — as he did at his confirmation hearings — but unforgivable for Sotomayor to mention that her Puerto Rican family history might be relevant to her work. Thus it is possible for Sen. Jeff Sessions (R-Ala.) to say with a straight face that heritage and experience can have no bearing on a judge’s work, as he posited in his opening remarks yesterday, apparently believing that the white male justices he has voted to confirm were somehow devoid of heritage and bereft of experience.

The whole point of Sotomayor’s much-maligned “wise Latina” speech was that everyone has a unique personal history–and that this history has to be acknowledged before it can be overcome. Denying the fact of identity makes us vulnerable to its most pernicious effects…”

To read the article in its entirety, click here.

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