Blind Justice

Justice is supposed to be blind; free from prejudices and bias, delivered dispassionately.

President Obama nominated Sonia Sotomayor to the Supreme Court of the United States today.

Judge Sotomayer is on record as saying:

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.

That does not sound dispassionate to me.

The New Haven, CT fire department administered an examination for 15 lieutenant and captain positions. Of the 118 candidates, no blacks qualified for the promotion. Because of that, New Haven decided to promote no one, despite plenty of non-blacks having scored high enough. Understandably, the non-promoted qualified firefighters took offense. Eighteen firefighters who qualified filed suit. They lost at trial. They appealed. The Second Circuit Court of Appeals affirmed the trial court’s decision.

This white male sees a problem with this. So do others. As a matter of fact, there’s enough of a problem with this that SCOTUS granted cert to the case.

Sitting on the Second Circuit Court of Appeals is none other than Obama-nominee Sotomayor.

I am no lawyer and I could be totally off base with this, but my read on this case is that the trial court’s decision will be overturned by SCOTUS, or at least remanded. This is likely to happen as Sotomayor is on The Hill glad-handing the Senate. How ironic.

Having said all that, I suspect Sotomayor will be confirmed without much roughing up.

She seems not a stellar judge. She seems to have the politically correct characteristics. I find that problematic. More so, her seeming nod to race and gender as legitimate factors once again place burdens upon white men in this society who have no power and are not responsible for perceived injustices.

And if that isn’t enough, how blind is Sotomayor’s justice given this clip?

Lest anyone think this is a partisan shot at the president’s nominee, I direct you to my posts when President Bush nominated Harriet Miers to SCOTUS in 2005 (Bush League, Who Is Being Disingenuous?, Hewitt On Miers).

Also blogged on this date . . .

One thought on “Blind Justice”

  1. When I saw the short list I fooled myself into thinking Diane Wood would get the nod. Silly me, Obama is way too politically savvy. He had his choice of suitable Souter replacements, why not lay a trap for Republicans and play the race card?

    I figured a liberal justice line change was settled in November, so she doesn’t really bother me. What’s driving me nuts is the fawning over her “story.” She worked herself up from being dirt poor to the top of the Federal Government. Good for her. But if she had the same story but was a nominee of a President Palin we’d be hearing about pubic hairs on Coke cans.

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