…but I think this argument is pretty weak:
If Sotomayor is unfit for the bench because she concedes that she struggles to remove herself from her own experiences, then O’Connor and Scalia are unfit as well because they believe the Court should not stop jurors from making decisions based on the own backgrounds and previous experiences.
Read the whole thing, it is one thing for a judge to state that you can’t remove a person’s life experiences from a juror’s judgment. (You can’t) It is a totally different thing to state that a particular racial or ethnic judgment is superior to another due to race.
The bottom line is Judge Sotomayor’s statement is indefensible and the “so’s your old man” argument isn’t going to wash. Very intelligent liberal voices know this, so the path of the argument has to change. This argument for example that rebuts the “radical” charge is solid but doesn’t address the question on the floor.
I repeat my question. If Judge Sotomayor’s was a white male who made such a statement publicly would that disqualify such a candidate for even a lower judgeship than Judge Sotomayor currently holds? Anyone Bueller? Bueller?
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