Supreme Sonya

On Tuesday, May 25th, President Obama unveiled his pick for a new Supreme Court Justice to replace David Souter, the conservative-turned-liberal judge from Vermont appointed by George Bush in 1990. He chose Sonya Sotomayor, a Federal Appeals Judge from New York. The pick has drawn the ire of many conservatives.

Conservative Consternation
Liberal Presidents pick liberal Supreme Court Justices. This is nothing new. However, two things have drawn the consternation of many conservatives. One is a quote from a speech delivered at Berkeley in 2000, when Sotomayor declared that “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.” The context of the quote revolved around her belief that there are too few Latina Women sitting on the bench to properly interpret the idiosyncrasies of Latina plaintiffs, and, that, because she is Latina, she “would reach a better conclusion than a white male.” Conservatives are angered because a Judge sitting on the prestigious 2nd Circuit Federal Appeals Court (A step before the Supreme Court) simply cannot believe that “Justice is blind” if she indeed truly believes that a Latina woman would reach a better conclusion than someone from another ethnic or racial background. Such a statement calls into question the nominee's impartiality. The second is that Sotomayor declined to hear an appeal now before the Supreme Court, Ricci vs. DeStefano, which deals with questions of possible “reverse racism” surrounding a firefighter’s test in which only White and Latino Americans passed in the city of New Haven, Connecticut. Because no African American test-takers passed, promotions were denied to all. The Supreme Court is likely to declare that indeed “reverse racism” occurred, and will probably declare the City of New Haven’s actions to deny promotions to those that passed the examinations as unconstitutional. It will probably be a 5-4 decision, according to Supreme Court insiders. The decision will be released at the end of this summer’s Supreme Court session.

Supreme Court Salsa
The only significant difference in the interpretation of the law between Sotomayor and Souter that may alter the direction of the court is Sotomayor’s self-described “realist” interpretation of the law, in which the law is interpreted to keep-up to date with changing business and societal “realities.” Souter was without a doubt also a liberal, but did not hold “realist” interpretations regarding individual rights. In many cases in which individual rights were at odds with states and the federal government, he dependently sided with the individual, displaying a libertarian streak uncommon with most liberal judges. Sotomayor is unlikely to follow Souter’s footsteps regarding individual rights, though she did once rule that abortion protests should be protected completely under the first amendment, so long as they do not incite violence.

There is nothing that is overwhelmingly wrong with the President’s pick, and the conservative backlash that is sure to follow is in many ways overblown and unnecessary. Sotomayor, a liberal, will be replacing Souter, also a liberal. This is important to remember. This will not change the balance of power within the court, as Justice Anthony Kennedy will continue to cast the deciding vote in most of the 5-4 decisions as he sees fit. The court will continue to lean ever-so-slightly conservative for years to come.

President Obama undoubtedly made a calculated political decision in picking a Latina American to sit on the court. If the Republicans in the Senate come out with fangs drawn against Sotomayor, they will draw the anger of the Latino American population, of whom they cannot risk to further alienate. George W. Bush captured 43% of the Latino vote in 2004; Barack Obama captured 67% in 2008, the biggest ethnic swing between the two elections. The GOP should oppose Sotomayor’s confirmation, but only on ideological grounds, and it should be a token effort, as they hold neither the power to reject her confirmation nor the public momentum needed to rile American voters against the historic appointment of Americas first Latina American Supreme Court Justice.