If only Alito would have followed the same rules that the right is crying about here.
But he in his own stated words would not as a juror let his ethnicity or upbringing not be a part of his decisions and rulings.
So in this case the Right doesn't have a leg to stand on....again.
Last edited by goldendog; 05-29-09 at 07:18 PM.
You (and Sotomayor) are arguing the logical fallacy cum hoc ergo propter hoc ("with this, therefore because of this").
The short version of the rule is causation is not correlation. More properly, correlation (or covariance) is a necessary predicate for causation, thus the more accurate form is "Correlation is not equal to causation; it is only a requirement for it."
Sotomayor, when she stated "our gender and national origins may and will make a difference in our judging," asserted more than correlation, she asserted causation (perversely, the assertion is demonstrably fatuous because she prefaced it by acknowledging total ignorance of the precise causal link).
To assert that female jurists will rule differently because they are female, to assert that Latino and Latina jurists will rule differently because they are Latino or Latina, to assert that male jurists will rule differently because they are male, is to assert a differentiation based on gender and/or ethnicity; it is to assert that there is distinction and differentiation based on gender and/or ethnicity. There is no way to make such an assertion and not assert such a differentiation.
If one argues a differentiation based on gender and ethnicity, if one argues a different jurisprudential model based on gender and ethnicity, then one cannot also argue for equal application of law, equal protection of the law, or even equality under the law. The two arguments are mutually exclusive.
If one argues a differentiation based on gender and/or ethnicity, one forsakes Dr. King's dream, wherein people "will not be judged by the color of their skin but by the content of their character."
Personally, I prefer this nation continue to strive for Dr. King's dream. It's a good dream.
Last edited by celticlord; 05-29-09 at 07:42 PM.
“I do not recall the Viet Cong asking me if I was a natural born or Naturalized American before they shot at me, they just shot at all of us “ f107HyperSabr