Sotomayor:
” And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons... we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because WE HAVE BASIC DIFFERENCES IN LOGIC AND REASONING...
“Our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that — it’s an aspiration because it denies the fact that we are by our experiences making different choices than others....
“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 [Sandra Day] 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 that I agree with the statement.
“First... 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.”
I would hope that a wise Caucasian man with the richness of his experiences would more often than not reach a better conclusion than a Latina woman who hasn’t lived that life.
But as a judge, I would violate my oath and my public trust were I to so act.
Bias is bias. Ripping the blindfold from Justice invites favoritism. Doing so purposely by making a virtue of immutable personal characteristics elevates those characteristics over the rule of law.
If "equal protection" is subordinated to political or personal preference, respect for the law will not merely be diminished, but obliterated.
In simpler terms, she is a "subjectivist". "Truth" varies from person to person. "Good" varies from person to person. And, of course, since truth and good are variable we can never be sure of the meaning of the words of others, so accurate communications is impossible.
Nice pick, Barack.
Whoa. She really said that? That idiot sure is full of herself.