Free Markets, Free People
Water is wet, the sky is blue, and Media Matters tortures facts and logic to arrive at the conclusion that Sotomayor is being unfairly treated with respect to a prior 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.”
According to Media Matters, FoxNews babe Megyn Kelly and renowned ABC correspondent Jan Crawford Greenberg misrepresented the above remark and skewed Sotomayor’s true meaning:
Fox News host Megyn Kelly and ABC correspondent Jan Crawford Greenburg misrepresented a remark that Judge Sonia Sotomayor, President Obama’s nominee to the Supreme Court, made in a speech delivered at the University of California, Berkeley, School of Law, claiming that she suggested, in Kelly’s words, “that Latina judges are obviously better than white male judges.” In fact, when Sotomayor asserted, “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,” she was specifically discussing the importance of judicial diversity in determining race and sex discrimination cases.
Oh, so it’s okay if Sotomayor thinks that her race and gender make her a superior judge in certain cases. Obviously Kelly and Greenberg were horribly unfair then in accusing the SCOTUS nominee of thinking that in every case, since it’s perfectly justified to be a little bit racist and/or sexist … in some cases … sometimes.
As Media Matters for America has noted, former Bush Justice Department lawyer John Yoo has similarly stressed that Supreme Court Justice Clarence Thomas “is a black man with a much greater range of personal experience than most of the upper-class liberals who take potshots at him” and argued that Thomas’ work on the court has been influenced by his understanding of the less fortunate acquired through personal experience.
Well that really nails the coffin shut, doesn’t it? Media Matters goes to the man whom they were vilifying just two weeks ago as the arbiter of what sorts of statements concerning a judge’s race and gender are acceptable. Of course, in making the comparison between Yoo’s statement and Sotomayor’s, they miss a couple of critical points:
(1) In direct contrast to Sotomator’s statement, Yoo never claimed that Clarence Thomas’ experience made him a better judge than anyone else. Instead he merely pointed out that Thomas’ experience aids in his judicial decision-making, just as those who often attack him claim they want from diversity on the bench, and that comparatively, Thomas is in a much better position to understand the plight of the less fortunate than a bunch of upper-class liberals.
(2) Sotomayor was speaking for herself, while Yoo was speaking abouts someone else.
Furthermore, going back to first, misguided point, the claim that Sotomayor was speaking only about sex and discrimination cases is more than a stretch. In fact, she was directly countering a statement attributed to Sandra Day O’Connor, and not at all limiting her refutation of that sentiment to particular cases (my emphasis):
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.
While it’s true that Sotomayor is addressing sex and discrimnation cases overall, it’s clear that, in this passage, she is listing the reasons that she thinks the O’Connor (Coyle?) platitude is mistaken in general, not just in specific circumstances. Accordingly, Kelly and Greenberg get it exactly right, and Media Matters proves, yet again, that they no more than a propaganda outfit.