Here again, is the Sotomayor quote that has some rankled:
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
Here’s the context of where and why she said it, via the WSJ.
The idea of legal realism came back in the now-famous 2001 lecture Judge Sotomayor delivered at the University of California, Berkeley, titled “A Latina Judge’s Voice.” There she disputed the argument by former Supreme Court Justice Sandra Day O’Connor that a “wise man” and a “wise woman” should necessarily reach the same verdict.
Let’s play a game: Objective: PROVE JUSTICE SOTOMAYOR’S STATEMENT INCORRECT
HYPOTHESIS: It would be good if all justices should rule the same regardless of race in all cases
CASE: Korematsu v. United States
WISE WHITE JUDGES: “Korematsu was not excluded from the Military Area because of hostility to him or his race. He was excluded because we are at war with the Japanese Empire, because the properly constituted military authorities feared an invasion of our West Coast and felt constrained to take proper security measures, because they decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily, and, finally, because Congress, reposing its confidence in this time of war in our military leaders — as inevitably it must — determined that they should have the power to do just this. There was evidence of disloyalty on the part of some, the military authorities considered that the need for.”
CONCLUSION: A Wise Japanese-American judge would agree with the “Wise White Judge Opinion.”
Ummm… Q.E.D. ?????
