Further, what difference does it make why, if we know that it does exist? Simply knowing that it exists is enough to react to it.
Bull! Difference does not mean that thing cannot be equal. We are not walking the realm of old "different but equal" that was eventually overruled. We are acknowledging that people have different upbringing, different views, different ways of looking at things. Different people can interpret the law differently, both with the best of intentions and logic and beliefs. This does not make things inherently unequal, only different. If we accept that judges are trying to dispense justice as best they can within the framework of the law, equality of race, and gender, and ethnicity follows, if not in every single case, then overall, and the system is designed to protect from those aberrations that occur from time to time.Originally Posted by celticlord
No one is arguing that. What Sotomeyar is arguing is that a breadth of experience leads to a greater chance of equality. She is not suggesting, not in any way, that the court should not strive for equality, only that a court of one race, one gender, one ethnicity is less likely to achieve equality than one that is a melting pot of gender and ethnicity.Originally Posted by Celticlord
My issue with Sotomayer is that she seems to think a bias based on her heritage or her femaleness is ok. She also seems to think this is acceptable and is unapologetic about it.
Let's look at the difference between some statements:
A judge can't have any preferred outcome in any particular case. The judge's only obligation and it's a solemn obligation is to the rule of law. -Alito
The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can't think that way. A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client. - Alito
Samuel Alito quotes
"All of the legal defense funds out there, they're looking for people out there with court of appeals experience, because court of appeals is where policy is made. And I know, I know this is on tape and I should never say that because we don't make law, I know. I know. " - Sotomayer
"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. " - Sotomayer
"Whether born from experience or inherent physiological or cultural differences our gender and national origins may and will make a difference in our judging. " - Sotomayer
Sonia Sotomayor Quotes
Do you see the difference? To me, it's striking. I'm shocked actually that a judge would use the language she uses.
From Alito's hearing:
"But, although the judiciary has a very important role to play, it's a limited role. It is not -- it should always be asking itself whether it is straying over the bounds, whether it's invading the authority of the legislature, for example, whether it is making policy judgments rather than interpreting the law."
More from the confirmation hearing:
"Judges have to be careful not to inject their own views into the interpretation of the Constitution and, for that matter, into the interpretation of statutes. That's not the job that we are given. That's not authority that we are given."
"Results-oriented jurisprudence is never justified because it is not our job to try to produce particular results. We are not policy-makers and we shouldn't be implementing any sort of policy agenda or policy preferences that we have"
U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court - washingtonpost.com
So why would I feel the same way about these two?
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
This is why your ideas about having American institutions in Britain worries me Laila, the American court system has not worked out well imho, we do not want a court system so independent(obviously a necessary degree of independence is required and we have always had it in Britain for centuries) as to be literally the arbiter of the constitution and whole set up of gov't. Ultimately I must say the anti-federalist, specifically Brutus, and Jefferson were correct, we should avoid such a system.
Last edited by Wessexman; 05-29-09 at 08:17 PM.
"It is written in the eternal constitution that men of intemperate minds cannot be free. Their passions forge their fetters." - Edmund Burke
Gender and ethnicity are part of experience. Men and women have different upbringing, leading to a different set of experiences. You have never had a gynecological exam, or a yeast infection, just to name a couple quick things off the top of my head(due to a stupid joke my brother told me earlier). A hispanic has a different set of experiences from a black person from a white person.