Wednesday, July 22, 2009

Judge Sotomayor and the Republicans

At the time of the 2008 elections, Hispanics represented 15 percent of the U.S. population. That number is growing rapidly. They are the largest minority group in America. They have sufficient numbers to determine the outcome of all national elections and of the elections in at least 20 states. In the years to come we will have to require all school children in America to learn Spanish. In the past they have supported Republican candidates, but in 2008 they voted overwhelmingly for President Obama. So what did a group of white male Republicans on the Senate Judiciary Committee do? They patronized, browbeat, and disrespected a distinguished female Hispanic nominee to the Supreme Court. Nice going guys! I hope every Hispanic voter in America remembers this the next time they go to the polls.

In her 17 years on the U.S. district and circuit (appellate) courts, Judge Sotomayor has written over 1000 decisions. Because the Republicans were unable to find even one case where she was not fair and impartial, they dredged-up a non-judicial statement made in a speech in 2001 where she said: “"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 has not lived that life." Despite the fact that Judge Samuel Alito and other nominees to the Supreme Court have said that they would rely on similar experiences and background in deciding cases, the Republican members of the white male senators’ club were horrified that a Hispanic woman would make such a statement. God forbid that she should have any special feelings for Hispanic people! God forbid that she should have empathy!

What is wrong with having a little empathy for the poor and the downtrodden? As one who practiced law for 37 years in the state and federal courts of New York and Connecticut, I can tell you that the law is not and never has been impartial or equal. The law has always favored rich people, big corporations, wealthy institutions, and white people. When I practiced in New York City, the courthouses were a symbol of the law’s preference for the rich and powerful over the poor.

The richer the people and corporations whose cases appeared in court in New York, the better the courthouses, judges, and court personnel. The most beautiful courthouse in New York City was the Surrogates Court where issues regarding multi-million dollar estates were decided. It was like a Renaissance Palace. The next most beautiful courthouse was the federal court where all of the really big money cases were decided. As you went down the line of courts having lower and lower amounts of money jurisdiction, the courts became dingier and dingier, with less distinguished judges and less courteous court personnel.

Judge Sotomayor is an inspiring example of what a brilliant Hispanic woman can accomplish. She was a member of Phi Beta Kappa at Princeton and graduated from that university summa cum laude. She went on to Yale Law School where she was an editor of the Yale Law Journal and Managing Editor of the Yale Journal of International Law. After Yale, she served as an assistant district attorney, litigator in a prestigious private law firm, and federal district and appeals court judge for 17 years. She has won honorary degrees and many awards.

What Judge Sotomayor showed me at her senate hearing was dignity and patience with those little men and their annoying little questions. She also exemplified the fact that Hispanics have become a major part of American life, and that Hispanic leaders, language, and culture will continue to increase and spread so as to strengthen and enrich America and make it a better nation.

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