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The wingnuts are misquoting Sotomayor; here's the whole quote:

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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:40 AM
Original message
The wingnuts are misquoting Sotomayor; here's the whole quote:
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.

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.

I also hope that by raising the question today of what difference having more Latinos and Latinas on the bench will make will start your own evaluation. For people of color and women lawyers, what does and should being an ethnic minority mean in your lawyering? For men lawyers, what areas in your experiences and attitudes do you need to work on to make you capable of reaching those great moments of enlightenment which other men in different circumstances have been able to reach. For all of us, how do change the facts that in every task force study of gender and race bias in the courts, women and people of color, lawyers and judges alike, report in significantly higher percentages than white men that their gender and race has shaped their careers, from hiring, retention to promotion and that a statistically significant number of women and minority lawyers and judges, both alike, have experienced bias in the courtroom?

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.

http://www.discourse.net/archives/2009/05/more_on_sotomayor.html
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 06:48 AM
Response to Original message
1. A good one:
'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.'
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UnrepentantUnitarian Donating Member (887 posts) Send PM | Profile | Ignore Thu May-28-09 07:17 AM
Response to Original message
2. They're knee-jerk reactionaries with little depth or integrity.
They pick and choose as seems most expedient to them. The truth doesn't matter. Like a moth to a flame, they're also highly, highly predictable, aren't they?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 10:45 AM
Response to Reply #2
6. Yes that's right
Their selective poutrage is almost comical.
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Aloha Spirit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 09:36 AM
Response to Original message
3. I hope in her questioning, she responds to critics by simply quoting herself.
Pointing out their lack of critical reading skills.
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Wednesdays Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 10:18 AM
Response to Original message
4. K&R
:kick:
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backscatter712 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 10:28 AM
Response to Original message
5. The full context is important here.
Leave it to the Rethugs to pull the quote out of context, leading such luminaries of civil rights as Tom Tancredo to call Sotomayor a bigot. ( :rofl: )
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northernlights Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 12:13 PM
Response to Original message
7. OH MY GOD!!! HORRORS!!! HORRORS!!! empathy
"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."
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 12:59 PM
Response to Reply #7
8. OMG that's terrible
:sarcasm:
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starroute Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 01:36 PM
Response to Original message
9. That is *not* the whole quote -- there's two crucial previous paragraphs
Edited on Thu May-28-09 01:37 PM by starroute
The all-important context, which even Sotomayor's defenders seem to be missing, is that that she wasn't saying a "wise Latina woman" might "reach a better conclusion that a white male" in some unspecified circumstances. She was speaking very specifically in the context of race and sex discrimination cases -- and saying that someone who has herself experienced those forms of discrimination might have a better basis for understanding than someone who has experienced neither.


http://www.berkeley.edu/news/media/releases/2009/05/26_sotomayor.shtml

As reported by Judge Patricia Wald formerly of the D.C. Circuit Court, three women on the Minnesota Court with two men dissenting agreed to grant a protective order against a father's visitation rights when the father abused his child. The Judicature Journal has at least two excellent studies on how women on the courts of appeal and state supreme courts have tended to vote more often than their male counterpart to uphold women's claims in sex discrimination cases and criminal defendants' claims in search and seizure cases. As recognized by legal scholars, whatever the reason, not one woman or person of color in any one position but as a group we will have an effect on the development of the law and on judging.

In our private conversations, Judge Cedarbaum has pointed out to me that seminal decisions in race and sex discrimination cases have come from Supreme Courts composed exclusively of white males. I agree that this is significant but I also choose to emphasize that the people who argued those cases before the Supreme Court which changed the legal landscape ultimately were largely people of color and women. I recall that Justice Thurgood Marshall, Judge Connie Baker Motley, the first black woman appointed to the federal bench, and others of the NAACP argued Brown v. Board of Education. Similarly, Justice Ginsburg, with other women attorneys, was instrumental in advocating and convincing the Court that equality of work required equality in terms and conditions of employment.

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.

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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 08:12 PM
Response to Reply #9
11. Thank you
I neglected to include that part and that was a mistake.
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Cha Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-28-09 02:02 PM
Response to Original message
10. The repukes need to be
held accountable for taking that quote out of context!
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