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Archive for June 4th, 2009

Jun 04 2009

Why the focus on Sotomayor’s race?

Published by nwunderlich under Federal Issues Edit This

Whenever you read an article about President Obama’s nominee for the Supreme Court, Judge Sotomayor, the first thing mentioned is her race. She’s Hispanic. Sometimes, that is the only thing mentioned.

There are various articles which say that if sh is appointed to the Supreme Court, it will show that the Latino experience is part of American culture. An appointment to the Supreme Court isn’t neccessary to show that- simply visit California, New Mexico, Arizona or Texas. All those states can tell you that Latinos are prat of the American culture. Or ask polling experts and campaign officials, they will also tell you that Latinos matter because they are the fastest growing racial group in the U.S.

Isn’t it more important to know what she thinks about the law? She isn’t being appointed to a post as a Hispanic leader, she’s being appointed to the post of United States Supreme Court Justice, which is a position that carries a lot of power - power over the laws we live by. Wouldn’t it be important to know what she thinks about various issues?

She has said that it is important that a judge do what is right, and find a way to make the law match that. This is a horrible thing in a Supreme Court Justice. The Constitution is a written document that has to be upheld. If the principles of the law are constantly changing based on what the various Justices think is right, then what kind of consistency does the law hold? Where are the protections of the Constitution going to go if the Justices can simply do what they think is right?

The scary thing is that they can do that. As Sotomayor has said, “Policy is made at the federal appellate court level.” It is a scary thought that people who are appointed for life to a position, and cannot be removed, can make policy. But they can.

Therefore, lets all stop focusing on her race. If her race is more important than her abilities as a lawyer, then we as a country need to re-evaluate how far along the desegregation lines we really are.

Focus on what matters - her abilities as a lawyer and a judge - because that is the position she is going to be in.

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