5.31.09: Justice Needs Cataracts Surgery

The controversy surrounding the nomination of Judge Sonia Sotomayor is due to a speech she made in 2001, which contained a statement that could be interpreted that a Latina woman, as a judge, could make a more informed decision than a white male. The second 'worrisome' statement is that she will use the perspective of her race and heritage in making decisions. We have screen-captured the statement from today's program to ensure accuracy.






The concern amongst Republicans is that this statement suggests that Judge Sotomayor will not be an impartial justice, once again, because of her heritage and race. First, in this excerpt, there seems to be a context missing when Ms. Sotomayor refers to 'that life.' To whose life is she referring? This is fair game for questioning and if a satisfactory answer isn't given, then there can be legitimate concern. justice should be blind - fair and impartial. As far as using her heritage, in other words her background, in decision-making it would suggest that she is inclined to activism instead of unbiased interpretation.

However, let's look at this through a different lens. If a justice were presiding over a case that involved malpractice and a cancer patient, and had previously had cancer or had a family member with the disease then wouldn't experience come into play in the decision making process? Regardless of the ruling, if the justice has had a personal experience with cancer, wouldn't that justice want to know as much as possible to make the correct decision? Experience is affecting the decision-making process.

Or simply, maybe Ms. Sotomayor gave the speech to a predominantly Latino crowd, and feeling particularly proud with others in the room voicing their approve, she played it up a bit. Who knows?

But racist? Consider the source of these most vocal attacks - Rush Limbaugh. In a defensive and wounded position, an animal can be at its most dangerous. From this stance, Mr. Limbaugh is achieving his goal - to focus and get more of the attention on him. That's it. Not to mention, but it must be, that Mr. Limbaugh makes many veiled racist statements daily on his program so this sort of hypocrisy can not even be cut with a knife.

Senator Jeff Sessions (R-AL), ranking Republican on the Judicial Committee and its chair, Senator Patrick Leahy (D-VT) were on the today's Meet The Press. What is mystifying to this column and I'm sure many others, is why can't an elected official from The Republican Party, a leader, step up and echo Mr. Sessions' measured statements of today and his call to stop labeling Ms. Sotomayor as a racist. More than anything, the absence of an elected Republican leader is what is holding the party back. Ideologues such as Mr. Limbaugh and Newt Gingrich, have insufficient experience to truly affect positive change. The lens, from which they view the world, is too narrow and limits one's perspective. Republicans are becoming fond of saying that justice should be blind, and a justice to just call balls and strikes, but that's not how it is in the real world, the changing human condition demands that the law be given perspective. Relentless dogma is what we should strive to avoid. Instead, Justices should keep their eyes wide open to the changing reality to apply the law most accurately.

By the way, Ms. Sotomayor will be confirmed as a United States Supreme Court Justice. Barring some sort of Larry Flynt type evidence, she will be confirmed.

Also, as a side note, doesn't Senator Sessions look an awful lot like Defense Secretary Robert Gates? Having more fun with pictures this week, see below and decide for yourself.