We will have a new Supreme Court Justice by October 2009, and her name will be Sonia Sotomayor. This is a plain, simple fact.
I waited to write about this because I wanted to see the full range of juvenile, senseless, and viperous statements made be conservative critics of this nomination.
A laughable argument
The most ridiculous and confusing argument against soon-to-be-Justice Sotomayor is that she is unfit to be on the Supreme Court because her personal positions, ethnic heritage, and life experience could influence her decisions. Show me a person who’s life experience doesn’t reflect in their decisions, and I’ll show you a person’s life that is a rudderless, abject failure.
Last I checked, judges are people. Persons even. People, like you, me, your mother, your brother, your neighbor and everyone else you know all have histories, opinions and talents. To deny this is to deny the value of life, family, friendship, education, work, and everything else that happens during our time on this earth.
It is beyond ridiculous then to think that people’s decisions are not impacted by the things that they have seen or that have happened to them. Why must judges divorce themselves from their humanity in the name of something as transient and subjective as the law? Are these people saying that they want law machines and not judges? (Note: I’m absolutely not a lawyer, so I’d love to hear from lawyers on this.)
We elect/appoint people
The actual world and the movie world are different. We don’t live in the world of Terminator or iRobot. When we look for ways to solve problems, to explain happenings, or to interpret law, we look to people, not robots. The idea that judges appointed by conservatives apply no personal thought or empathy when deciding cases is as dishonest and supported neither anecdotally or statistically. The most recent example is [current & most recently appointed] Justice Sam Alito’s comments during his confirmation regarding applying his personal and family experiences to his judgements.
Should disagreement disqualify?
Maybe, maybe not. Disqualify is probably the wrong word, but in the real world, this is about more than qualifications. No one has said that Sotomayor is unqualified because that would be the only argument weaker than the laughable one described above.
Elections have consequences. The should have consequences; that’s the point. It is perfectly legitimate to vote against a judicial nominee because you disagree with their ideology as demonstrated in their record. It is not, however, legitimate to vote against a nominee because they do what all other people do: think about their history when making decisions in the present.
I pray that one day we can have an honest dialogue in our government and body politic without the salacious, counter-productive, dishonest rhetoric. If you don’t like her record, say you don’t like her record. That’d be a lot easier on all of us.
One Love. One II.
