The Daily of the University of Washington

Sotomayor’s race not a factor in her jurisdiction


The greatest mistake of those who would seek to end racism has been to continue thinking of other people, and themselves, in terms of race. So it has been with national newspapers, which trumpeted the “Hispanic woman” nominated to the Supreme Court, as opposed to the more relevant but less sensational label “appeals court judge.”

Such emphasis, however, appears to be in keeping with Sonia Sotomayor’s attitude and that of the administration. Her obvious 2001 quote has already been quite heavily scrutinized: “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.”

Put aside the peculiar spectacle of seeing anyone describe their own experiences as “rich” and themselves as “wise.” What informs such a statement?

It is the same folly that has plagued us for years in the term “people of color,” which glibly suggests that all “non-white” people can be grouped together in any meaningful way. This is rather like dividing all forms of agriculture between the categories “rice” and “crops of color,” the latter encompassing any plant that isn’t rice. If such a division sounds so crude as to be meaningless, that’s because it is. So too with this fatuous classification of humans “of color.”

The term also subconsciously insults white people by suggesting they are not “of color” and are therefore colorless, with all the negative connotations the word carries.

These attitudes inform what Sotomayor seems to believe: Race is somehow related to life experiences, wisdom and better judicial decisions, while those boring white men are supposedly too wrapped up in their suburban privilege to have a comparable conception of justice.

Yet, after being confirmed for the Second Circuit following some controversy in 1998, she claimed that she had been pigeonholed as a liberal because of her race, saying: “It is stereotyping, and stereotyping is perhaps the most insidious of all problems in our society today.” It goes both ways, your honor.

Our ideal should be to follow the suggestion put forward by Chief Justice John Roberts: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This is not a tautology, but a reminder that thinking of others in terms of race in any way pollutes our minds with preconceptions. All forms of race-consciousness in the public life — from slavery to Jim Crow laws to interracial dating bans to affirmative action to racial pride groups to the notion of “diversity” based on skin color — are the poisonous fruit of this poisoned tree, and all must be discarded before racism can be crushed.

Sotomayor’s nomination should be scrutinized based on her legal ability. It’s too bad that these concerns have been relegated to a sideshow, while the powers that be blather on about skin color, “empathy” and other irrelevancies.

This race-conscious “social justice” silliness obscures Sotomayor’s relatively unsurprising judicial history. She is certainly not the most extreme person that could have been put forward for the Supreme Court. The consensus is that she is a mainstream leftist like the justice she is replacing, though the two jurists will differ on some issues.

She will likely be confirmed, and that is neither a travesty nor a cause for celebration. It would have been better, however, if the process were less drenched in counterproductive identity and class-warfare politics.

Reach columnist Russ Wung at opinion@dailyuw.com.


5 Comments

#1 Curt P.
(Kent, WA)

on June 2, 2009 at 7:50 p.m.
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The entire focus on race and other irrelevancies as you put it, especially when she uses it to promote herself, makes me worry that we're going to get another judicial activist in the Supreme Court. If making sure that our current laws and actions didn't violate the constitution was all that the Supreme Court was about, special interests wouldn't be such an issue. It only becomes an issue when you want to advocate a second Roe v. Wade.

#2 Sean K.
(Seattle, WA | UW Community)

on June 2, 2009 at 8:58 p.m.
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I like the way you depict radically different social phenomena as somehow synonymous:

"All forms of race-consciousness in the public life — from slavery to Jim Crow laws to interracial dating bans to affirmative action to racial pride groups to the notion of “diversity” based on skin color — are the poisonous fruit of this poisoned tree, and all must be discarded before racism can be crushed"

So do you actually think that slavery (murder, torture, rape, forced labor & the dissecting of families ), Jim Crow (a comprehensive segregation of African-Americans from the commons, enforced by violence) are part of the same "tree" as affirmative action and diversity campaigns?

#3 Benjamin L.
(Seattle, WA)

on June 3, 2009 at 3:05 p.m.
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He's not depicting them as synonymous, but related. I don't think anyone would rationally argue that affirmative action is as bad as slavery — you'd have to be insane to think so — but, and I don't mean to speak for him, but this is my interpretation of what he means — all of them latch onto the concept of race, and as long as that is the case, we won't really get over racism.

#4 Sean K.
(UW Campus | UW Community)

on June 3, 2009 at 6:51 p.m.
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How they are related is what is important.

I think it is pretty clear from Russ's writings that he thinks that race is a fictional category (in terms that there are no essential characteristics ascribed that can be particular races). I would agree. I would say this fiction weighs more than a Mack Truck, and can't just be shooed away by a verbal pledge (like Justice Roberts).

A common neo-con or libertarian trope is to locate the motives and the mindset behind slavery and segregation as logically and normatively similar to the post-Vietnam War policies of remediation - that affirmative-action and attempts at engendering diversity are, are worst, a redeployment of segregation practices, and at best paternalistic and non-productive.

This is an argumentative ploy. Neo-cons and libertarians use it in different contexts. It should be pretty clear that the rather innocuous and modest policies of remediation were and are entirely contingent upon deep seated and intransigent racial divisions that exist.

#5 Sean K.
(Seattle, WA | UW Community)

on June 4, 2009 at 12:23 a.m.
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interesting article in the NYTimes "The Waves Minority Judges Always Make "

http://www.nytimes.com/2009/05/31/wee...


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