...so says a headline of a NY Times article regarding Judge Sotomayor's confirmation hearings. I didn't pay nearly enough attention to Alito and Roberts' confirmation hearings, but did anyone ask THEM whether their identity would "distort" their judicial decisionmaking? When a white male Supreme Court appointee is in front of the Senate, I'm pretty sure his background, his race, and his gender are not issues. No one asks whether a white male nominee's privilege, power, and majority position in society will affect his decisions. In fact, a recent piece in the New Yorker discussed how Chief Justice John Roberts has more often ruled in favor of the strong and powerful as opposed to the weak.
Our lawmakers and the media are more likely to evaluate a white male nominee solely on merit--his accomplishments, education, and past decisions. A Latina woman appointee has to repeatedly assure the Senate that she would apply the law to the facts, nothing more and nothing less.
Another aspect of this confirmation process that has bothered me was highlighted in a feature last week in NY Times Magazine about women on the Supreme Court. An interviewer asked Justice Ginsberg whether the male justices can be more abrasive without notice or remark from others, while it is more attention-drawing for female judges to be abrasive. Justice Ginsberg responded, "Yes, the notion that Sonia is an aggressive questioner — what else is new? Has anybody watched Scalia or Breyer up on the bench?"
Senators have questioned Sotomayor regarding the fact that she can be "a bit of a bully." Please. These people need to go sit in on an oral argument at the Supreme Court. Sotomayor will fit right in.
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