Intermarkets' Privacy Policy Support
Donate to Ace of Spades HQ! Recent Entries
Yom Kippur Cafe
NYT: The Secret Service is Understaffed and Unable to Protect Its Clients Because a Lot of Secret Service Veterans Are Quitting Is America's Embarrassing Alcoholic Ex-Sidepiece Collapsing? New York Times: It's Time to End Masculinity. All Masculinity. Even the So-Called "Positive Masculinity" Exemplified by Tim Walz and Doug Emhoff. Plus: GAINZZZ As Kamala's Polling Stops Bringing Joy, the Campaign Brings In the Big Manly Men to Appeal to Male Voters CBS "News" Continues Hiding the Real Video of Kamala Harris' Word-Salad Nonsense Answers, and Also Refuses to Make a Transcript of Her Real Words Available, Too Polls Are For Strippers: An Explanation THE MORNING RANT: After Moving All-Star Game from Charlotte in Solidarity with LGBTQ, NBA Opens 2024 Season in Abu Dhabi, where Homosexuality is a Crime Mid-Morning Art Thread The Morning Report — 10/11/24 Absent Friends
Bandersnatch 2024
GnuBreed 2024 Captain Hate 2023 moon_over_vermont 2023 westminsterdogshow 2023 Ann Wilson(Empire1) 2022 Dave In Texas 2022 Jesse in D.C. 2022 OregonMuse 2022 redc1c4 2021 Tami 2021 Chavez the Hugo 2020 Ibguy 2020 Rickl 2019 Joffen 2014 AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published.
Contact OrangeEnt for info:
maildrop62 at proton dot me Cutting The Cord And Email Security
Moron Meet-Ups
|
« Boy, Mack McLarty is a Lucky Guy |
Main
| Senator Coburn Will Seek Re-Election »
May 29, 2009
Is Sotomayor Racist?At Volokh, Ilya Somin says no: Both Taylor and I have been very critical of Judge Sotomayor's 2001 speech where she claimed that "a wise Latina" judge will generally make better decisions than a white male one, and argued that judges can often legitimately base decisions in part on their racial or ethnic identity. I believe her position is wrong. But it isn't racist. Sotomayor did not suggest that whites are an inferior race relative to some other group or that they should be denied equal rights or relegated to second-class citizenship. Conservatives often rightly denounce overblown accusations of racism advanced by leftists. For that reason, among others, it is important that they avoid committing the same sin themselves. What's Somin's definition of racism? Re-stating his negative as an affirmative, it appears he thinks racism is "suggest[ing] that whites are an inferior race relative to some other group or relegated to second-class citizenship." Well, Sotomayor did not expressly contend the latter, but she sure as hell suggested the former: She believes that, "more often than not," a wise Latina will perform her job better than a white male. For no other reason than she is, in fact, a wise Latina. (And, in fact, if you believe the former, the latter pretty much flows from it as an unavoidable consequence. But I don't need to prove that, as Somin allows that either prong of his test establishes racism.) I'm having difficulty reading this in any manner but a flat-out assertion of Wise Latina Power. What's odd is that just the day before Somin found Sotomayor's remarks highly objectionable, and still apparently does; and that objection is based upon the racism -- or, let us say, racial content -- of the remark: Even if Sotomayor's claim really is limited to discrimination claims, it is still deeply problematic. It is wrong to assume that a judge belonging to a group that is often victimized by a particular type of injustice will be generally superior in deciding cases that address it. Are white male judges generally superior in hearing reverse discrimination cases such as the one Sotomayor decided in Ricci v. DeStefano? Are judges who own real estate better qualified to hear takings claims? Perhaps judges who own businesses are the ones best qualified to hear claims asserting that an economic regulation is unconstitutional or otherwise illegal. A judge belonging to a group victimized by a particular type of injustice might be less likely to reject similar claims that have merit. On the other hand, she might also be excessively prone to accept claims that should be rejected or to ignore important interests on the other side of the case. Which effect dominates the other will probably vary from judge to judge and from case to case. In any event, we will likely be better off if judges assess discrimination cases and other claims as objectively as possible, while seeking to minimize the impact of their own personal racial or ethnic backgrounds. He does go on to say in that post... I don't think that Sotomayor is a "racist and a sexist," nor do I think she should be "banished from polite society." However, her statement does show that she believes that judges should often base decisions in part on their personal racial and gender backgrounds. If a white male judge had said something similar, few would deny that such (or something much worse) was the import of his words. Sotomayor's speech should be judged by the same standards. I don't get this argument from Somin -- or Taylor, who says the same thing. Both criticize Sotomayor for making "deeply problematic" racial comments, but then insist it's wrong to call her a racist. Their real problem seems to be that the term is impolite -- fine, but that's like proving up and down that a woman works as a prostitute and then saying "But we shouldn't call her a whore." Well, fine. Let's call her a paid escort. Means the same damn thing, but I do admit "paid escort" sounds nicer. It's an ipse dixit entirely unsupported by the case they themselves are both making -- quite the opposite. If the word itself gets thrown about too much, as both contend -- well, that's due largely to reverse racists of Sotomayor's ilk who believe and proclaim they are superior due to their race (or gender), and that those who oppose them or their belief systems must do so due to their own inferiority in "understanding" and lack of "empathy" or outright racial animus. If they're so stuck on the word: Fine, big deal, we won't call her a "racist." We'll just say precisely what they both seem to agree with (and indeed affirmatively contend): She believes herself superior to "white males" based only upon her ethnicity and gender. I'm content with letting people decide for themselves whether that accords with accepted definitions of "racist." Disagreements with Stuart Taylor aside, do read all of this piece, or rather all of it after his brief condemnation of Limbaugh and Gingrich for calling a woman who believes in her ethnic superiority a racist. Start at "Wehrner's brief post," about six paragraphs into it -- trust me, it's good. Teaser: Obama's a liar. One more thing: As Somin notes, the Washington Post and other liberal apologists are attempting to cover for Sotomayor by referring to her statement about "wise Latinas" as an "unscripted remark." An off-the-cuff remark she didn't have much time to think about, so of course maybe she just misspoke. The problem with that? The remark was part of a speech she prepared, edited, and then delivered. It wasn't off-the-cuff. It was written in advance, considered, shaped, edited. She wasn't speaking extemporaneously at all. As Somin notes: I would have cut Sotomayor more slack if the statements in question had been off the cuff remarks rather than part of a prepared speech delivered as a keynote address at a conference; the speech was also published in a law journal in 2002, at which point Sotomayor could have removed or clarified any part of her remarks that didn't really reflect her considered views. I would also be willing to ignore the speech if she had repudiated it at any time in the past eight years. I will even give her the benefit of the doubt if she repudiates the more problematic parts of the speech now (perhaps at her confirmation hearings). We have all sometimes made mistaken statements that we admit to be wrong in retrospect. But until that happens, I can't avoid the conclusion that the speech reveals a troubling element of Sotomayor's view of judging.
She could have discussed any number of things in that speech. Among the topics she herself chose to discuss, and proclaim, was the inherent superiority of the wise Latina. I continue to be confused by Somin and Taylor. If it's not the racism of the remark they find "deeply problematic" and "troubling," what is it?
| Recent Comments
BurtTC:
"Kamala Harris @KamalaHarris 8h
My message to ever ..."
Ace-Endorsed Author A.H. Lloyd: "I misread that first line as Whitmer caned. Had to ..." Divide by Zero [/i]: " Skip - Wrong link https://event.donaldjtrump. ..." Deplorable Jay Guevara[/i][/s][/b]: "AtC said it wasn't a religious reference at all, b ..." rhennigantx: ""Nepotism, favoritism, corruption -- that is part ..." I'm Gumby Damn It!: "38 For heaven's sake! The man is barely cold! L ..." Deplorable Jay Guevara[/i][/s][/b]: "Kamala Harris @KamalaHarris 8h My message to ever ..." nurse ratched : "205 197 Whitmer caved after being condemned by the ..." Divide by Zero [/i]: " [i]Wow! Guessing you need a connection to get ii ..." Romeo13: "So, the Judge in the Jack Smith persecution, has a ..." SMOD: "The back roads of Pennsylvania Berks and Bucks cou ..." haffhowershower: "197 Whitmer caved after being condemned by the Mic ..." Recent Entries
Yom Kippur Cafe
NYT: The Secret Service is Understaffed and Unable to Protect Its Clients Because a Lot of Secret Service Veterans Are Quitting Is America's Embarrassing Alcoholic Ex-Sidepiece Collapsing? New York Times: It's Time to End Masculinity. All Masculinity. Even the So-Called "Positive Masculinity" Exemplified by Tim Walz and Doug Emhoff. Plus: GAINZZZ As Kamala's Polling Stops Bringing Joy, the Campaign Brings In the Big Manly Men to Appeal to Male Voters CBS "News" Continues Hiding the Real Video of Kamala Harris' Word-Salad Nonsense Answers, and Also Refuses to Make a Transcript of Her Real Words Available, Too Polls Are For Strippers: An Explanation THE MORNING RANT: After Moving All-Star Game from Charlotte in Solidarity with LGBTQ, NBA Opens 2024 Season in Abu Dhabi, where Homosexuality is a Crime Mid-Morning Art Thread The Morning Report — 10/11/24 Search
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Primary Document: The Audio
Paul Anka Haiku Contest Announcement Integrity SAT's: Entrance Exam for Paul Anka's Band AllahPundit's Paul Anka 45's Collection AnkaPundit: Paul Anka Takes Over the Site for a Weekend (Continues through to Monday's postings) George Bush Slices Don Rumsfeld Like an F*ckin' Hammer Top Top Tens
Democratic Forays into Erotica New Shows On Gore's DNC/MTV Network Nicknames for Potatoes, By People Who Really Hate Potatoes Star Wars Euphemisms for Self-Abuse Signs You're at an Iraqi "Wedding Party" Signs Your Clown Has Gone Bad Signs That You, Geroge Michael, Should Probably Just Give It Up Signs of Hip-Hop Influence on John Kerry NYT Headlines Spinning Bush's Jobs Boom Things People Are More Likely to Say Than "Did You Hear What Al Franken Said Yesterday?" Signs that Paul Krugman Has Lost His Frickin' Mind All-Time Best NBA Players, According to Senator Robert Byrd Other Bad Things About the Jews, According to the Koran Signs That David Letterman Just Doesn't Care Anymore Examples of Bob Kerrey's Insufferable Racial Jackassery Signs Andy Rooney Is Going Senile Other Judgments Dick Clarke Made About Condi Rice Based on Her Appearance Collective Names for Groups of People John Kerry's Other Vietnam Super-Pets Cool Things About the XM8 Assault Rifle Media-Approved Facts About the Democrat Spy Changes to Make Christianity More "Inclusive" Secret John Kerry Senatorial Accomplishments John Edwards Campaign Excuses John Kerry Pick-Up Lines Changes Liberal Senator George Michell Will Make at Disney Torments in Dog-Hell Greatest Hitjobs
The Ace of Spades HQ Sex-for-Money Skankathon A D&D Guide to the Democratic Candidates Margaret Cho: Just Not Funny More Margaret Cho Abuse Margaret Cho: Still Not Funny Iraqi Prisoner Claims He Was Raped... By Woman Wonkette Announces "Morning Zoo" Format John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia World Muslim Leaders Apologize for Nick Berg's Beheading Michael Moore Goes on Lunchtime Manhattan Death-Spree Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears Liberal Economists Rue a "New Decade of Greed" Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility Intelligence Officials Eye Blogs for Tips They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq Leather-Clad Biker Freaks Terrorize Australian Town When Clinton Was President, Torture Was Cool What Wonkette Means When She Explains What Tina Brown Means Wonkette's Stand-Up Act Wankette HQ Gay-Rumors Du Jour Here's What's Bugging Me: Goose and Slider My Own Micah Wright Style Confession of Dishonesty Outraged "Conservatives" React to the FMA An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear The Story the Rightwing Media Refuses to Report! Our Lunch with David "Glengarry Glen Ross" Mamet The House of Love: Paul Krugman A Michael Moore Mystery (TM) The Dowd-O-Matic! Liberal Consistency and Other Myths Kepler's Laws of Liberal Media Bias John Kerry-- The Splunge! Candidate "Divisive" Politics & "Attacks on Patriotism" (very long) The Donkey ("The Raven" parody) |