With a record like this, who needs a “wise Latina”?
Tamara K. Nopper
July 21, 2009
Much has been made about the racist questioning of Sonia Sotomayor during her confirmation hearings that, if all goes well for her supporters, will result in her being the third woman and first Latino/a United States Supreme Court justice. Many of us have been disgusted by the racist nature of the questions that have been directed at Sotomayor, especially by white Republican Senator Lindsey Graham, who appeared hell-bent on making Sotomayor pay for describing herself as a “wise Latina.” In her defense, a broad array of Sotomayor supporters have demanded that we pay less attention to her race and focus more on her record.
And what is this record? While Sotomayor, is, to be fair, certainly being strategic as most nominees in her position would be, there are some lingering questions about where she stands. First, we don’t know much about what, politically, is Sotomayor’s position regarding a woman’s right to abortion, a question she has been able to sidestep throughout her testimony. Second, let’s look at the record that white Democratic Senator Charles Schumer, one of her most ardent supporters during the hearings, emphasized during his testimony. As Schumer testified on July 13, 2009:
First, as we will hear in the next few days, Judge Sotomayor puts rule of law above everything else. Given her extensive and even-handed record, I am not sure how any member of this panel can sit here today and seriously suggest that she comes to the bench with a personal agenda. Unlike Justice Alito, she does not come to the bench with a record number of dissents.
Instead, her record shows that she is in the mainstream:
- She has agreed with your Republican colleagues 95 percent of the time;
- She has ruled for the government in 83 percent of immigration cases;
- She has ruled for the government in 92 percent of criminal cases;
- She has denied race claims in 83 percent of cases;
- She has split evenly in a variety of employment cases.
While I have not combed through Sotomayor’s legal decisions and writings as both her supporters and opponents have, Sotomayor did not balk at Schumer’s characterization of her record. Noticeably, with a few exceptions, neither did progressive writers and websites that have come to Sotomayor’s defense. Few have commented on what appears to be her highly questionable record as it pertains to social justice. While we can expect little from judges in general toward this goal, I find it hard to believe that hardly a mention has been made among progressives of Sotomayor denying race claims in 83 percent of the cases.
Also noticeable is that Sotomayor, as a Latina, has been able to escape the progressive vitriol among those who question the political morality of African Americans. Whereas Black public officials receive a level of scrutiny and ridicule among the left that no other racial group does—how many times have we heard non-Blacks calling Clarence Thomas and Colin Powell an “Uncle Tom” or purposefully butchering and playing with Condoleezza Rice’s name to signify political rejection of their conservatism—Sotomayor has not been subjected to such racial scrutiny and ridicule among progressives. I’m not interested in having non-Latino/as take the same liberties with Sotomayor that non-Blacks take with African American public officials, but the lack of similar treatment is identifiable.
Instead, many progressives who purport to be interested in racial justice have pushed for us to see Sotomayor as someone with a record, and not simply a race. Well, if Schumer’s defense of Sotomayor is correct, with a record like this, who needs a “wise Latina” to be a Supreme Court justice? Are some of us that desperate (or perhaps the word is eager) to have a Latino/a Supreme Court justice? Is Sotomayor the Latino/a we’ve “been waiting for”? Or is it that we are so quick to rely on our racial protectionism when evaluating who deserves our political support?
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