Korean Job Discussion Forums

[RufusW]

Sotomayor was making those comments at a meeting about race and sex discrimination cases. It seems perfectly reasonable that someone from the repressed sex/class is able to make a fairer judgment, rather than someone (a white male) who may not even be able to comprehend being at the receiving end of discrimination. (I agree with Obama's requirement for empathy in a judge) I agree it wasn't worded too well. But Limbaugh's come out and called her a racist which is a hard sell.

[Kuros]

[Gopher]

RufusW: I take your point on R. Limbaugh and co. on this. I disagree with his and allies' ways of taking S. Sotomayor to task for this. But I want you to consider something I have long attempted to convince others of here: we have more options than the usual either/or binaries some posters seem married to.

That is, we can disagree with S. Sotomayor's views, and we can challenge her nomination in the Senate (is that not what the constitution asks the Senate to do, by the way?) without standing with R. Limbaugh and without, as many leftists are alleging, becoming racists.

This is puerile (again).

________


Kuros: I think the writer you cite, above, articulates it perfectly. Cheers.

[RufusW]

Before the statement she said;

"inherent physiological or cultural differences... our gender and national origins... will make a difference in our judging."

So we're talking about bias.

I think generally all human beings are somewhat biased. I would argue over-time a fully white and male (of fully black and female) court would unconsciously favor (maybe only slightly) individuals of their own appearance, let alone those with a shared background. I would argue this is (unfortunately) unavoidable for human beings.

The 'empathy' Obama wants is really an equalization of bias on the court. Like above, I believe a court that doesn't reflect the population it judges will probably naturally produce bias. Juries are a collection of the defendant's peers, it is constructed in this way to be somewhat empathetic towards the defendant. It seems natural courts should also attempt this.

Her statement is blunt and I'm sure she would qualify it if she had to (or knew that wouldn't fuel the fire). But it was more of a rhetorical device rather than a "broad statement about millions of people". I think the author above is trying to show her as racist. However, I argued above that bias is inherent in humans, and it may well be that she is racist/biased. But it's possible to argue this is eactly why she's being nominated - to counteract the bias inherent in the many white judges.
But, there are so many qualifiers in Sotomayors statement you'd need to push it pretty far to claim - from that one statement - she was racist.

About her claim or judges making laws; they obviously do! If the law was black and white then judges wouldn't be needed. Precedents necessarily set laws.

Gopher, I was just saying Limbaugh called her a racist and I think it's a tough sell. I wasn't inferring anything about anybody else.

[lithium]

I have no problem calling her what she is...a racist. She is clearly a racist and will legislate from the bench as she has stated she does. The Republicans need to fight this nomination and expose the true character of this flaming liberal.

[lithium]

[lithium]

[daskalos]

I wonder if there'd be anything to be gained by, instead of parsing every public word she's uttered on camera in the last 20 years, looking at her substantial judicial record. From what I have read, in the courtroom - where what she says matters - she's no flaming, wild-eyed liberal with a Puerto Rican-shaped chip on her shoulder. Not by a long shot.

What's clear is that since none of attacks against her can really stand up to the light of a little scrutiny, we've fixated on a perhaps poorly worded expression of a perfectly rational concept, which boils down to the fact that courts need the perspectives of people with widely differing backgrounds if they wish to do their proper job.

[RJjr]

[RJjr]

[Joo Rip Gwa Rhhee]

I have no deep opinion on Afirmative action,it probably isn't a good solution .But it isn't racist, not in a Klan sense anyway.

[bacasper]

[RJjr]

This ruling here is a perfect example: http://www.pbs.org/wgbh/aia/part4/4h2933.html

This ruling is one where a non-white would've likely had more empathy and made a better decision.

[Hater Depot]

[Fox]