Note:
This is the text of the quote which includes everything those
who have called Judge Sotomayor a "racist' left out.
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.
Let
us not forget that wise men like Oliver Wendell Holmes and Justice
Cardozo voted on cases which upheld both sex and race discrimination
in our society. Until 1972, no Supreme Court case ever upheld the
claim of a woman in a gender discrimination case. I, like Professor
Carter, believe that we should not be so myopic as to believe that
others of different experiences or backgrounds are incapable of
understanding the values and needs of people from a different group.
Many are so capable. As Judge Cedarbaum pointed out to me, nine
white men on the Supreme Court in the past have done so on many
occasions and on many issues including Brown.
However,
to understand takes time and effort, something that not all people
are willing to give. For others, their experiences limit their ability
to understand the experiences of others. Other simply do not care.
Hence, one must accept the proposition that a difference there will
be by the presence of women and people of color on the bench. Personal
experiences affect the facts that judges choose to
see. My hope is that I will take the good from my experiences and
extrapolate them further into areas with which I am unfamiliar.
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.
[...]
Each
day on the bench I learn something new about the judicial process
and about being a professional Latina woman in a world that sometimes
looks at me with suspicion. I am reminded each day that I render
decisions that affect people concretely and that I owe them constant
and complete vigilance in checking my assumptions, presumptions
and perspectives and ensuring that to the extent that my limited
abilities and capabilities permit me, that I reevaluate them and
change as circumstances and cases before me requires. I can and
do aspire to be greater than the sum total of my experiences but
I accept my limitations. I willingly accept that we who judge must
not deny the differences resulting from experience and heritage
but attempt, as the Supreme Court suggests, continuously to judge
when those opinions, sympathies and prejudices are appropriate."
Click
here
to read the complete text of the Lecture by judge Sotomayor in
2001, delivered at the University of California, Berkeley, School
of Law.
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