I think that Sotomayor’s comment was certainly bigoted but just calling it “racist” isn’t going to work. The problem is that not only does that play into the left’s attempts to redefine what “racism” its hard to criticize the splinter in someone else’s eye when you’ve got a plank in your own, real or simply imagined. I’ve always suggested that people avoid an argument that requires you to win another argument, first, for it to work and that’s what this is. The better approach is to hand her rope and let her hang herself. Ask her to explain what she meant and why she felt a Hispanic woman would make a better judge than a white man. Oh, she’ll try to spin it but there is only so much spin you can put on something like that, especially with follow-ups such as, “So why did you say it?” if she tries to say that’s not what she meant.
The left is their own worst enemy if you drag them into the sunlight and force them to explain and defend themselves. That’s why Sotomayor made the comment about how she shouldn’t have mentioned that the courts make policy on tape. I think that’s even more damning. Ask her, if she’s willing to conceal her true opinions with a smile, why we should believe anything she says isn’t just spin.
"Whether born from experience or inherent physiological or cultural differences...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....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.
"Would a white male supreme court nominee be accused of racism and "hateful speech" if he had said,
"Whether born from experience or inherent physiological or cultural differences...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....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 white male with the richness of his experiences would more often than not reach a better conclusion than a latina female who hasn't lived that life.
"Judge Sotomayor, can you give an example of how your race and background could lead you to reach a different decision from the white male justices on the Supreme court?"
As you said, I'm sure they are already rehearsing answers to try to wiggle out of her statements. On the "make policy" statement I expect her to say something like, "I accidentally chose the wrong word. Instead of "policy" I meant to say ...."