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“Be the Help” Campaign & Black Disappearance among the Multiracial Left

February 28, 2012 4 comments

“Be the Help” Campaign & Black Disappearance among the Multiracial Left

Tamara K. Nopper

February 28, 2012

One day a friend and I were talking about “Black disappearance” as a phenomenon.  She spoke of it in regards to the new film about Joyce Carol Vincent, a Black woman whose dead body was “discovered” decomposing on the couch in her London apartment nearly three years after she went missing.  We also discussed the numerous cases of missing Black women and how, despite being one of the most policed and surveillance groups—by the state and the public—Black people can disappear quite easily from public view, with the same state apparatus putting little effort into finding missing or dead Black people.

I want to speak here of another form of Black disappearance, that which operates in multiracial progressive politics.  This may seem an odd topic, since African Americans clearly care about and participate in progressive politics, with some becoming famous activists or pundits in the process.  But there are particular ways Black disappearance happens in progressive politics, and the “Be the Help” campaign of the National Domestic Workers Alliance (NDWA) and its supporters, built around the widely debated film The Help exemplifies this well.

The NDWA is an organization of domestic workers comprised primarily of immigrant women of color.  Following the historic victory of Domestic Workers United (DWU) in getting the Domestic Workers Bill of Rights passed in its home state of New York, NDWA co-founder and director Ai-Jen Poo (who had worked with DWU and other domestic workers organizations in New York City that morphed into DWU) and her constituency set their sights on getting the Domestic Workers Bill of Rights passed in California and putting a national spotlight on domestic work.

In the process, NDWA initiated the “Be the Help” campaign, which played on the popularity—as well as controversy—of The Help as well as Kathryn Stockett’s novel upon which it is based to bring attention to the 2.5 million women who currently work as domestics.  Marketing the immigrant women of color workers as the “modern day help,” the “Be the Help” campaign brought together a motley crew of supporters, including one of the film studios that produced The Help, Hollywood actors and actresses (including Oscar nominee and winner Octavia Spencer), and domestic employers.  Unusual in that a labor campaign collaborated with the employer—in this case Hand in Hand: The Domestic Employers Association—the “Be the Help” campaign also relied on supportive writers, publishers, and commentators in progressive media.  For example, during Oscar weekend, the “Be the Help” campaign was spotlighted on Melissa Harris-Perry’s new show on MSNBC.  It was also the subject of an article by Applied Research Center president and executive director and Colorlines magazine publisher Rinku Sen, posted on the publications’ website and widely circulated on social media.  An article championing the campaign, written by Ilyse Hogue, a columnist for the Nation, appeared on that publication’s website the Monday immediately following the Oscars.

That the film depicted the story of African American women domestic workers in the legalized Jim Crow era in the south and had been roundly critiqued by numerous African Americans, including historians, Civil Rights activists, cultural critics, actors, filmmakers, and many Black people whose concerns might not reach a public stage seemed to go unnoticed by the NDWA and its allies.

Or did it?  Was it a case of not noticing Black people’s concerns about The Help’s homage to the racist and sexist archetypal Mammy figure—which as one writer points out, is not, in racial politics, to be confused with the domestic worker—or was it a case of Black disappearance?

There is a lot to suggest it was the latter.

Read more…

The Wages of Non-Blackness: Contemporary Immigrant Rights and Discourses of Character, Productivity, and Value

January 4, 2012 Leave a comment

I have an article in the latest issue of InTensions, “(De) Fatalizing the Present and Creating Radical Alternatives,” guest edited by Anna M. Agathangelou and Kyle D. Killian.  The special issue also features new articles by Jared Sexton and Frank B. Wilderson, III, as well as others.  The full article can be accessed for free here.

Abstract
Drawing from W.E.B. Du Bois’ concept of the psychological wage of whiteness, this article explores how contemporary rhetoric promoted by immigrant rights advocates in the United States valorizes non-white immigrant workers in relationship to African Americans. Specifically, I examine moralized claims regarding immigrants’ character, productivity, and value as well as their contributions to the U.S. and global economy. I emphasize how this discourse echoes and draws upon managerial and capitalist perspectives of labor as well as anti-Black rhetoric regarding African Americans as lacking a work ethic, militant, xenophobic, and costly to society. Finally, I briefly consider whether the wage of non-Blackness differs from the wage of whiteness as well as the possibility of an ethical immigrant rights discourse.

“Race, Illegality, and Detention”: My Remarks at Imprisoned, Forgotten, and Deported

December 18, 2011 Leave a comment

In October I presented on a panel that examined how race and notions of illegality intersected at the conference “Imprisoned, Forgotten, and Deported: Immigration Detention, Advocacy, and the Faith Community.”  Below are my remarks.

“Race, Illegality, and Detention”

October 13, 2011

The questions that we have been asked to explore are ones that I have thought about a great deal in the last decade, as a former activist in Asian American and immigration politics and as a scholar and educator who researches, writes about, and teaches about these issues.  These questions are:

  • How does race and racism operate in U.S. immigration and detention policy?
  • How is whiteness implicitly or explicitly operative in U.S. detention policy?
  • What are the similarities and differences between the criminalization of African Americans and newly arrived immigrants?  Why are some groups of immigrants welcomed and others criminalized?
  • How might the criminalization of particular racial others in U.S. detention policy be changed legally, politically, and culturally?
  • Given the social and political polarization of U.S. society, what are the limits and possibilities of changing the role of race in U.S. detention policy?

I want to explore how race and racism are conceptualized and the implications for how we consider criminalization, legality, and the similarities and differences between African Americans and immigrants of color.  While I and many of us here can discuss how white supremacy informs immigration policy, I think our point of departure for thinking about race cannot be whiteness or white supremacy.  And I say this as an Asian American who is all too well aware, from research, from observation, from shared stories, and from the lived experience that I take on my body every single day, that white supremacy is ubiquitous and banal.  White supremacy is the stench of dog shit left all over gentrified neighborhoods and the smiles of white children who, as babies, already have more power than the majority of grown people of color will ever possess.  But despite the mundane nature of white supremacy, I think a Black/non-Black divide framework is much more useful for analyzing racial realities as well as for pragmatically addressing the issues of criminalization, surveillance, policing, incarceration, and deportation.

The Black/non-Black divide framework posits that being Black in the world is much more significant in terms of shaping life chances and ontological realities than being non-white.  Sociologists, notably George Yancey, author of the book Who is White: Who is White?: Latinos, Asians, and the New Black/Nonblack Divide, have studied the social rejection and isolation of African Americans and the implications for how we understand assimilation.  As Yancey notes in his book, “A black/nonblack dichotomy produces more understanding about contemporary race relations.  It suggests that the informal rejection of African Americans, rather than a tendency by the majority to oppress all minority groups in a roughly equal manner, is the linchpin to the American contemporary racial hierarchy.”

Most social scientists of assimilation don’t generally address the issue of surveillance and incarceration and have focused on indicators such as interracial marriage rates, residential segregation, educational obtainment, and income, and increasingly wealth.  Instead, they tend to focus on how African Americans do not tend to empirically demonstrate the assimilation patterns of not only whites but also non-Black people of color, including the “new immigrants.”  But anti-Black racism cannot be simply identified at the level of individual cases of suffering, of which, a significant number becomes a social problem, according to the celebrated sociologist C. Wright Mills.  Rather, anti-Black racism is a political project, a generative force, and a logic of social organization.  As Jared Sexton puts it, there is a “fundamental social truth” and it is “not simply that antiblackness is longstanding and ongoing but also that it is unlike other forms of racial oppression in qualitative ways— differences of kind, rather than degree, a structural singularity rather than an empirical anomaly.”

Considering anti-Blackness as a logic of social organization gives greater clarity to the nature of the state, of which immigrant rights activists constantly engage and confront.  While scholars such as Michael Omi and Howard Winant argue that the state is a racial state, some have made it clear that the state is not only racial but racist and not only racist but specifically anti-Black.  For example, Anthony Monteiro describes the U.S. state as “the principal organizer of racialized power.  As an instrument of racialized power, i.e. the power of white people over non-whites, especially black people, it functions to mediate class conflict and fissures among whites and to exert primarily command-and-control functions with respect to blacks.”

This is not to suggest that African Americans are the only ones affected, targeted, or criminalized by the state.  One of the common strategies for not dealing with anti-Black racism is to claim that African Americans are not the only ones who experience racism or state violence, a sentiment that some could say animates this very gathering.  But the scholarship that has informed my thinking never contends as much and only a willful misreading could lead to that conclusion.  Instead, an emphasis on anti-Blackness brings into clearer view what Sexton describes as “the (repressed) truth of the political and economic system”: that Blacks serve as “the prototypical targets of the panoply of police practices and the juridical infrastructure built up around them”—what Monteiro termed the “command-and-control functions” of the state.

Explained by Sexton:

Every analysis that attempts to understand the complexities of racial rule and the machinations of the racial state without accounting for black existence within its framework—which does not mean simply listing it among a chain of equivalents or returning to it as an afterthought—is doomed to miss what is essential about the situation. Black existence does not represent the total reality of the racial formation—it is not the beginning and the end of the story—but it does relate to the totality; it indicates the (repressed) truth of the political and economic system.

What relevance does the anti-Black nature of the state have for immigrant detention, deportation, illegality, and criminalization?  Whereas I could give numerous examples, there is one major point I want to address here: immigrant rights advocates need to re-examine their beliefs about Black citizenship.

Under the racial state, there is no such thing as Black citizenship.  The myth of Black citizenship scaffolds immigrant rights activism as well as the academic scholarship that supports it.  Regarding the latter, in Asian American Studies, numerous scholars are quick to emphasize that African Americans gained citizenship before Asian Americans and their comparisons of Blacks and Asians tends to argue that the racial formation of which the latter is subject is civic ostracism and exclusion—as if the racial subjugation of African Americans is somehow unrelated to the practices and logic of civil society.  In Latino Studies, there is an evident animus to African Americans, expressed as concerns about Black xenophobia and Black insensitivity to illegality.  The thread that binds Asian American Studies and Latino Studies scholarship is a belief in Black American citizenship, a hostility to which actually demonstrates that the legal document, in the case of Blacks, does not actually matter. What both Asian American Studies and Latino Studies, as well as immigrant rights activism and non-Black liberals and progressives in general presume, is that Black people have citizenship but that spectacles of anti-Black racism—such as the recent Troy Davis execution, the Oscar Grant murder by a white police officer at the Bart station in the Bay, or hurricane Katrina—demonstrate the contingent and flexible nature of citizenship.  Such gestures attempt to re-imagine African Americans as akin to immigrants of color, whose status is tenuous, contingent, and flexible to the demands of the nation-state, capital, and whites.

But for Blacks, there is no such thing as circumstance, pretext, or even, to use the words of immigrant rights activists, legality or illegality.  To assume as much means that we can identify historical moments in which Blacks are not guilty.  Of course, Blacks are not always guilty of committing the criminal acts they are accused of and in some cases, the courts have affirmed as much.  But Black people are never not guilty of being Black and thus their experience of being criminalized—which is ontological and not behavioral—cannot be conflated with or subsumed under frameworks common among immigrant rights advocates.  Or, as Kenyon Farrow, in his remarks at the recently held New York City Troy Davis Memorial succinctly put it: “we must come to accept that to be Black and ‘innocent’ is an oxymoron in the world we live in.”

My new encycloped​ia entries “Chinese Exclusion Act” and “Eugenics”

November 23, 2011 Leave a comment

I have two entries in the new encyclopedia Anti-Immigration in the United States: A Historical Encyclopedia, edited by Kathleen R. Arnold. 

My entry on the Chinese Exclusion Act is an effort to challenge the dominant accounts of the act, promoted by those who subscribe to the Commons School of History approach or to progressive colorblind approaches, both of which defend or apologize for white racism against Asians by arguing it was economically and morally justified.  Since I had first learned of the act over a decade and a half ago, I have been bothered by this defense of white anti-Asian racism, too often found in history books and promoted by too many white lefties and liberals.  Books written by Asian Americans and a few others have tended to take a more critical view of the economic argument and showed how much more was at play; increasingly more scholars are looking at the racial politics of immigration policies.  In addition, we can always consider, even when economics are involved, as they always are, why does white suffering (real or imagined) get to be used as a justification for white on non-white violence, a violence that has never been mutually inflicted to the same degree and with the same level of sympathy?  For my entry on eugenics I wanted to address how anti-Black racism and anxieties about the importation of “Black blood” among race scientists was a feature of eugenic approaches to immigration.

The entries “Chinese Exclusion Act” and “Eugenics” start on pages 105 and 189, respectively, and can be read in full in the Google Books edition

Barack Obama’s Community Organizing as New Black Politics

November 23, 2011 Leave a comment

My new article “Barack Obama’s Community Organizing as New Black Politics” has recently been published in a special issue of Political Power and Social Theory titled “Rethinking Obama,” edited by Eduardo Bonilla-Silva and Louise Seamster.

Abstract:

This chapter explores how discourse about Barack Obama’s community organizing background underscores his new Black politics. Whereas new Black politics is associated with a minimization of race, centrist and neoliberal policies, and an unwillingness to “speak truth to power,” Obama has been characterized as “different” due to his community organizing experience. As I show, Obama’s community organizing background is invoked by him and others in ways that amplify an opposition to Black racial solidarity associated with the tradition of old Black politics. The first section examines how Obama’s community organizing is depicted as a quest for racial acceptance from old guard Black activists but translates into a story of his political maturation. The second section considers how Obama’s relationship with his (now) former pastor Reverend Jeremiah Wright is symbolized as a struggle between old and new Black politics and thus serves as a commentary on the presumed ineffectiveness of racial solidarity for addressing the plight of working-class Blacks.

Why I oppose repealing DADT & passage of the DREAM Act

September 19, 2010 9 comments

Why I oppose repealing DADT & passage of the Dream Act

Tamara K. Nopper

September 19, 2010

One of the first books I read about Asian American feminism was the anthology Dragon ladies: Asian American feminists breathe fire.  In one of the essays, author Juliana Pegues describes scenes from a “radical Asian women’s movement.”  One such scene involves lesbian and bisexual Asian and Pacific Islanders marching at Gay Pride with signs reading “Gay white soldiers in Asia?  Not my liberation!” and “ends with the absence of all soldiers, gay and straight, from any imperialist army.”

Although it has been over a decade since I read this passage, I return to this “scene” as I watch far too many liberals and progressives praise the possible repeal of Don’t Ask, Don’t Tell (DADT) as well as the possible passage of the DREAM Act (Development, Relief, and Education for Alien Minors Act).

In some ways, I understand why people are supportive of such gestures.  The idea that certain identities and status categories, such as gay or lesbian or (undocumented) immigrants are either outlawed or treated as social problems has rightfully generated a great deal of sympathy.  And the very real ways that people experience marginalization or discrimination—ranging from a lack of certain rights to violence, including death—certainly indicates that solutions are needed. Further, far too many non-whites have experienced disproportionate disadvantages, surveillance, and discipline from both DADT and anti-immigrant legislation.  For example, Black women, some of whom are not lesbians, have been disproportionately discharged from the U.S. military under DADT.  And anti-immigrant legislation, policing measures, and vigilante xenophobic racism is motivated by and reinforces white supremacy and white nationalism.

Yet both the repeal of DADT and the passage of the DREAM Act will increase the size and power of the U.S. military and the Department of Defense, which is already the largest U.S. employer. Repealing DADT will make it easier for gays and lesbians to openly serve and the Dream Act in its present incarnation may provide a pathway to  legal residency and possibly citizenship for some undocumented immigrant young people if they serve two years in the U.S. military or spend an equal amount of time in college.

Unsurprisingly, the latter, being pushed by Democrats, is getting support from “many with close ties to the military and higher education.”  As the Wall Street Times reports:

Pentagon officials support the Dream Act. In its strategic plan for fiscal years 2010-2012, the Office of the Under Secretary of Defense for Personnel and Readiness cited the Dream Act as a ‘smart’ way to attract quality recruits to the all-volunteer force…

‘Passage of the Dream Act would be extremely beneficial to the U.S. military and the country as a whole,’ said Margaret Stock, a retired West Point professor who studies immigrants in the military. She said it made ‘perfect’ sense to attach it to the defense-authorization bill.

Louis Caldera, secretary of the Army under President Bill Clinton, said that as they struggled to meet recruiting goals, ‘recruiters at stations were telling me it would be extremely valuable for these patriotic people to be allowed to serve our country.’

Additionally, in a 2009 Department of Defense strategic plan report, the second strategic goal, “Shape and maintain a mission-ready All Volunteer Force,”  lists the DREAM Act as a possible recruitment tool under one of the “performance objectives”:

Recruit the All-Volunteer Force by finding smart ways to sustain quality assurance even as we expand markets to fill manning at controlled costs as demonstrated by achieving quarterly recruiting quality and quantity goals, and through expansion of the Military Accessions Vital to the National Interest (MAVNI) program and the once-medically restricted populations, as well as the DREAM initiative.

What concerns me is that far too many liberals and progressives, including those who serve as professional commentators on cable news and/or progressive publications (and some with a seemingly deep affinity for the Democratic Party) have been praising the passage of the DREAM Act.  Unsurprising is that many of the same people support the repeal of DADT.  While a  sincere concern about discrimination may unite both gestures, so too does a lack of critical perspective regarding the U.S. military as one of the main vehicles in the expansion and enforcement of U.S. imperialism, heterosexuality, white supremacy, capitalism, patriarchy, and repression against political dissent and people’s movements in the United States and abroad. Far too many liberals and progressives, including those critical of policies or the squashing of political dissent, take an ambivalent stance on the U.S. military.  It is unclear what makes some of these folks unwilling to openly oppose the military state.  Perhaps it’s easier than dealing with the backlash from a variety of people, including the many people of color and/or women who are now building long-term careers in the military.  Or maybe it’s more amenable to building careers as pundits in both corporate and progressive media,  both of which may be critical of some defense spending or “wasted” (read unsuccessful) military efforts but not necessarily of U.S. militarism.

Whatever the case, the inclusion of more gays and lesbians and/or undocumented immigrant youth in the U.S. military is not an ethical project given that both gestures are willing to have our communities serve as mercenaries in exchange for certain rights, some of which are never fully guaranteed in a homophobic and white supremacist country.  Nor is it pragmatic.  By supporting the diversification of the U.S. military we undermine radical democratic possibilities by giving the military state more people, many of whom will ultimately die in combat or develop PTSD and health issues and/or continue nurturing long-term relationships with the U.S. military, including a political affinity with its culture and goals.  We will also have a more difficult time challenging projects of privatization, the incurring of huge amounts of debt, and the erosion of rights and protections in other countries—efforts buttressed by the threat of military action—which ultimately affects people in the United States.

Read more…

On progressive “red-baiting”

September 4, 2010 3 comments

This is a slightly more extensive version of the essay featured in Black Agenda Report on September 8, 2010.

On progressive “red-baiting”

Tamara K. Nopper

September 4, 2010

In response to a critic, a popular progressive figure commented, “I’m defender of republican democracy, US Constitution and liberty and justice for all.  I’m progressive dem, not authoritarian leftist.”  While perhaps correct in the self-description,  such comments hint at an intellectualized version of red-baiting.

Red-baiting of course is not new and today many people throw the word leftist as well as radical, revolutionary, Socialist, Communist, or Anarchist, around like they are accusations rather than developed albeit  perhaps diverging  positions regarding capitalism, the state, and for some of  us, white supremacy.  Most of the people who are the most vociferous in publicly denouncing leftists are white conservatives, including corporate news personalities and members of the inherently racist and white nationalist Tea Party.  Yet progressives critical of racism, poverty, corporations, and government officials have their own ways of red-baiting.

Not all of the targets of this red-baiting of which I speak are associated with Marxist organizations or have specific organizational affiliations.  Nor do most progressives publicly use pejoratives such as “Commie” or “Pinko.”  Yet  some will strategically use terms such as “authoritarian leftist,” “radicals” or “revolutionaries”  or “Marxist” when trying to deflect questions posed by people unimpressed with their political positions but whose opposition cannot easily be dismissed as driven by white supremacy or conservatism.  Such gestures are consistent with red-baiting; individuals can simply shut down inquiry or interrogation of their political positions by strategically using labels unpopular among a general public trained to hate such terms; the strategic use of these labels plays upon white nationalist fears and pan-racial bourgeois sentiments by invoking the specter of revolutionary and liberation movements, armed struggle or armed resistance or rioting (as opposed to pacifism or non-violent resistance), militant Black power, and  a classless society.  In the process, such gestures take advantage of, and implicitly condone  the aggressive campaigns by the mainstream press, most academics, and the state to demonize and criminalize stances that are too oppositional against white supremacy or capitalism or state violence.  The use of such labels, while sometimes correct in their assertion (since there are many who proudly identify as having certain affiliations), often work to insulate progressives  from having to explicitly articulate their positions and why they are committed to the ones they take, thus situating their stances, as undefined as they may be, as logical or natural as opposed to ideological and  up for debate.

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Watching what we’re up against: Challenges facing anti-militarization activism in the post-civil rights era

April 14, 2010 1 comment

Watching what we’re up against: Challenges facing anti-militarization activism in the post-civil rights era

Tamara K. Nopper

April 14, 2010

At the end of February of this year I had the opportunity to participate in a panel called “Beyond 28 days: Testimonies of Black resistance and war.”  As panelists, we were asked to comment on two films that had been shown at the event, both of which explored the impact of war on communities.  The first, No Vietnamese ever called me n****r, is a documentary released in 1968 that flows back and forth between interviewing African Americans who are either participating in or observing an anti-war feeder march of Harlem residents toward the United Nations office in New York and an interview with three young Black male veterans who discuss their experiences in the military, the unfulfilled promises of military service, their concern for the Vietnamese people affected by the war, and their commitment to the Civil Rights Movement and Black humanity.  The second was a 2006 youth-created film titled A military education: Youth and the cost of war, which explores contemporary military recruitment strategies and youth resistance.

The request to relate our comments to the film fit perfectly with what I had wanted to talk about that evening: the challenges facing those of us who are both anti-war and anti-military in the post-civil rights era.  Specifically, I am interested in what obstacles we face as a movement seeking to counter the appeal of military service.    I am not the first, of course, to think about this issue, as several anti-war organizations, whether defunct or still operating, have emphasized and challenged the U.S. military’s promise of “good” jobs and educational benefits after the tour of duty is completed.  Along with simply being moved by the footage of resistance, what stood out to me the most about the two films was how they represented two extremely different approaches to military resistance.  While No Vietnamese showed political opposition to the Vietnam War—as well as to the U.S. government and the socially enforced racial hierarchy— A military education was a film typical to today’s political culture.  No Vietnamese expressed raw political opposition whereas the second one was trapped in the professionalization of political critique, with no one taking too explicit of a stand against military enlistment.  Additionally, No Vietnamese’s footage involved people literally being asked on the street what they thought of the war and the anti-war march that they were either participating in or observing whereas A military education allowed for a diversity of voices, including one white college professor who emphasized the potential of military service for civic engagement and a Black woman military recruiter who discussed the purpose of her work.  This is not to suggest that A military education was pro-war, per se, as scenes of the military recruiter in action talking to a young person considering enlistment were juxtaposed with commentary by anti-war activists, including one of my former colleagues from The Central Committee of Conscientious Objectors (CCCO), an organization for which I had volunteered and that was kind enough to give me an activist home for several years.

A military education, while inherently a valuable project, nevertheless illustrates the current obstacles facing anti-military activists.  While some might think it unfair to critically engage a youth-made project, I think it is useful to consider how A military education represents the current political environment in which anti-militarization activists attempt to voice opposition to the military state.  More, the approach to military resistance shown in the film is similar to that found in most documentaries and short films made by both established and neophyte filmmakers.  Specifically, the popularity of this approach to anti-military work is indicative of what we’re up against.

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Model minorities versus Black (reverse) racists: Blacks, Asian Americans, & South Philadelphia High

December 21, 2009 9 comments

Model minorities versus Black (reverse) racists: Blacks, Asian Americans, & South Philadelphia High

Tamara K. Nopper

December 18, 2009

As a resident of Philadelphia and an Asian American concerned with and engaged in research and writing about Black-Asian relations, I have been following Asian American students’ recent boycott of South Philadelphia High School after almost 30 of them were purportedly physically attacked by a group of Black and Asian students on December 3, 2009. The whole situation makes me sad.  Yet I’m concerned with how Black people are being implicated by some of the media reporting and political support for the students.  Specifically, I am concerned with how some are taking advantage of the situation to promote the all too popular and white supremacist charge of Black reverse racism, even when some of the alleged perpetrators have been identified as Asian American.  In the following I explore the image of Black reverse racism and how some non-Blacks have used this to marshal support for their causes.  I also consider how the Asian American students at South Philadelphia High are being depicted by some of the media and supporters as model minorities in opposition to Black criminals and reverse racists.

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With a record like this, who needs a “wise Latina”?

July 22, 2009 1 comment

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.

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