It is fascinating to watch the fracturing of the Republican Party as some leaders attack Supreme Court nominee Sonia Sotomayor as a "racist" while others try to focus on her judicial record. The latter Republicans understand how the former, while invigorating the Republican base, are alienating Hispanic Republicans and Hispanic voters who once in the past leaned or in the future could lean Republican.
Objective analyses of Sotomayor's judicial record already have deflated accusations of racism -- accusations which are publicly dismissed with grace by the nominee but which certainly are hurtful due to their falsity. But having the experience of being falsely accused can be a good experience for a judge because many of those who appear before judges are in similar positions. One could argue this mêlée will add to the "richness" of this Latina woman's experiences.
Sotomayor has been taken to task for her statement, "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." Superficially, it can easily appear to be racist but that accusation has been consistently countered by the explanation that Sotomayor was making the statement in the larger context of her own extensive experience. Some even have argued she was paraphrasing a statement once made by Justice Sandra Day O'Connor, albeit coming to a different conclusion.
Furthermore, it has been argued Sotomayor's point was a Latina judge rich in the kind of experiences she had would do a better job than a white male judge because the influences of each person's experiences affect his or her judicial decisions. While this may not be the ideal model, Sotomayor's point was that judges, like everyone else, are influenced by their backgrounds. How a judge deals with his or her prejudices is the real issue.
In the whirlwind of controversy about this one statement, a more important point may have been missed. That is, Sotomayor did not make an equal comparison. She did not make a straightforward comparison between "a Latina woman" with "a white male." Had she done that, her statement justifiably would have been subject to criticism.
Rather, she compared "a wise Latina woman with the richness of her experiences" to "a white male." Hence, she was not simply comparing two persons based on race but had described one as (1) being wise and (2) having a depth of experiences that the other person did not have.
Sotomayor, therefore, could have substituted any race or gender and her statement would have remained valid. The ultimate proof of this occurs when one substitutes "a white male" for "Latina woman." Wouldn't most people agree ""I would hope that a wise white male with the richness of his experiences would more often than not reach a better conclusion than a white male who hasn't lived that life" contrasts two white males with different backgrounds?
Thus, when read without any special context, Sotomayor's statement is not racist in any respect. It is strange so many of us seemed to have missed the significant distinctions she was making at all times. Could she have said it better? In retrospect, even Sotomayor would agree.
Despite the inelegance of her controversial statement, if this is the only mistake Sotomayor has made given the thousands of speeches made, articles published, and opinions she has written, Republicans attacking her are wasting their ammunition and, instead are working on behalf of the Democratic Party by gratuitously and improvidently alienating Hispanic voters -- many of whom are proud to see President Barack Obama nominate the nation's first Hispanic and only third woman for the U.S. Supreme Court.
From a personal perspective, while I had the good fortune to be in college when two people were on campus (Samuel Alito was a senior when I was a freshman but I had no contact with him and Sotomayor was a year behind me and I knew her only through campus political activities) who soon will be working together as Supreme Court Associate Justices, my sense is it benefits the entire country when our courts include judges with a wide range of experience.
When Sotomayor was an activist undergraduate, no one ever accused her of being racist. I am disappointed she has encountered that claim today but am confident she will rise above it. My prediction is adding Sonia Sotomayor to the Supreme Court will be a plus for our country -- even if we all do not always agree with her decisions.
=========================================================================
Aaron Harber hosts "The Aaron Harber Show" seen Tuesdays at 8:00 pm and Wednesdays at 5:00 pm on PBS Station KBDI-TV Channel 12 and viewable 24/7 at www.HarberTV.com. Send e-mail to Aaron@HarberTV.com. (C) Copyright 2009 by Aaron Harber and USA Talk Network, Inc. All rights reserved.
=========================================================================