Comment

Posner on Sotomayor

278
wrenchwench5/26/2009 12:46:55 pm PDT

re: #235 zombie

Seems OK … until that last line:

“I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.”

Say what? Imagine a white judge saying “I expect to make some rulings based on my white heritage.” He’d be political toast. (Lightly done Wonder Bread toast, but toast nonetheless.)

The more context I read, the more troubling statements I see.

First, she did not say she would make rulings based on her gender and heritage. She said her gender and heritage would make some difference in her judging, while not knowing exactly what that difference will be. Second, if a white judge admitted that his background would make a difference in his judging, would the backlash be from political correctness? It looks like people want Sotomayor to claim that her ethnicity and gender make no difference, whether it’s true or not.