On Sonya Sotomayor
May 28, 2009 by Marc Lamont Hill

On Tuesday, President Obama formally announced his choice of Sonia Sotomayor to replace David Souter on the Supreme Court. The nomination, which should not come as a surprise to anyone familiar with Obama’s centrist politics, has quickly produced a range of feelings within the political community. While many on the Left have celebrated Obama’s choice of a Puerto Rican woman to the high court, Right-wingers have pegged the pick as the triumph of identity politics over merit. In many ways, such a debate is moot, as the Democratic advantage makes Sotomayor a virtual lock to be the court’s next Associate Justice.
While it is possible that Republicans will drag out the process in order to galvanize their base, such a move would be politically unwise. After all, it was the GOP that initially supported the bizarrely unqualified Harriet Miers, who never even served as a judge, for the Supreme Court. If they were now to challenge the qualifications of an Ivy League-trained Latina, their efforts would rightly appear hypocritical and politically motivated. Also, if prominent Republicans amplify the baseless rumblings about Sotomayor’s “intellect” and “temperament,” they will undoubtedly alienate progressive and minority voters who will view the comments (rightly or wrongly) as both racist and sexist. Even if they actually blocked her nomination, Obama would not nominate a more moderate judge than Sotomayor as a replacement. So why expend precious political capital fighting a war that they cannot win?
Getting lost in our conversations about politics and identity is an equally important discussion about the fundamental role of the judiciary branch. Currently, courts are filled with jurists whose dogged fundamentalism undermines the true spirit of the constitution. By operating as “constitutional originalists” and “statutory textualists,” judges have been become allies to some of the most anti-democratic and anti-humanist policies in recent memory. Perhaps the most telling example is Justice Antonin Scalia’s narrow reading of the constitutional amendments related to cruel and unusual punishment and due process. By arguing that “enhanced interrogation techniques” (which is conservative slang for torture) do not violate the Eighth Amendment, Scalia willfully ignores the obvious need to link the original text to the contemporary context. In many ways, this will be the real test for Sotomayor. Will she understand the constitution as a living document to be read through the lens of empathy and critical analysis? Or will she flip the script as soon as she is confirmed? The answer to this question will determine whether or not the president made the right choice.
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12 Comments
1. Clif Soulo wrote:
Great summary of what’s going on with Sotomayor and this whole situation Marc. In my opinion, the farther Obama gets in his first term, the more desperate the republicans are seeming…
May 28, 2009 @ 2:05 pm2. ~JJG~ wrote:
Ah. . .I like how “…Obama’s centrist politics…” is thrown in there (chuckle). Well, that’s how you govern when you want everyone to like you and vote for you again. Just wait, if he has a second term, his liberalism will emerge.
And I hear Sotomayor has some pro-choice advocates worried. Interesting. . .
May 28, 2009 @ 2:46 pm3. DCI74 wrote:
Interesting piece. Admittedly I don’t know anything about her other than what has been presented so far in various media outlets so maybe she is a good choice or an abject disaster in the making, who knows.
May 28, 2009 @ 4:26 pm4. Mrs. Rivers wrote:
who cares. she cant be any worse than clarence thomas!
May 28, 2009 @ 8:29 pm5. EminemsRevenge wrote:
As I stated HERE: http://eminemsrevenge.xanga.com/703059274/wheres-the-sotomayor-sex-pictures/
the GOP NEEDS some Paris Hilton-esque Sotomayor videos in order to BLOCK the nomination!!!
6. Tom Penn wrote:
“…Obama’s centrist politics…”
I found that interesting as well. Dr. Hill so wants this country to be Cuba, that he forgets that politically speaking, the United States is still a right of center country. Hence, President Obama governs from the center as anyone in his position wisely would.
As far as Judge Sotomayor is concerned, she is so eminently qualified it is ridiculous! In my view, ANYONE who can graduate from an Ivy League school Summa Cum Laude, is qualified to sit on the Supreme Court!
And as far as her “temperament” is concerned? She is a woman from the Bronx, New York City. Within the five boroughs, she’s normal. Outside the Big Apple, people just speak too slow!
The president made a brilliant choice. Antonin Scalia is considered the greatest intellect on the court. I bet in years to come, legal scholars will refer to the two intellectual giants on the bench, Scalia AND Sotomayor.
May 29, 2009 @ 3:10 am7. Marc Lamont Hill wrote:
Tom,
You said, “In my view, ANYONE who can graduate from an Ivy League school Summa Cum Laude, is qualified to sit on the Supreme Court!”
I hope you’re just being hyperbolic. Are you seriously saying that once you have graduated with high honors from an IVY is qualified to sit on the SC? Academic success is one thing, being a principled, ethical reliable, non-partisan, intellectually gifted jurist is another. While I support Sotomayor, I wouldn’t aver the qualification of every nominee who happens to have attended Cornell Law School. That strikes me as elitist, naive, and anti-intellectual.
May 29, 2009 @ 9:35 am8. Tom Penn wrote:
Of course I made an extravagant exaggeration Dr. Hill, but I think you know how rare it is for someone to graduate Suma from an Ivy. And I don’t say that to be elitist, I say it because if one does receive Suma from either Harvard, Yale, Princeton or Penn, they have been granted the highest award from one of the greatest institutions of higher learning in the history of western civilization. This is such an accolade for Judge Sotomayor and her credentials for the court.
The constitution lays out no requirements for a Supreme Court nominee. Traditionally, most presidential picks have been lawyers, but few have been as qualified as Sonia Sotomayor. President Dwight David Eisenhower nominated California Governor Earl Warren, because Warren was speculated to be Eisenhower’s chief rival for the presidency in 1956. With that one decision, the president almost assured his re-election. President Kennedy gets credit for nominating one of the most brilliant minds to ever sit on the court in Justice Byron White. White only graduated Magna Cum Laude from Yale, but the reason Kennedy chose White, was because he was a close personal friend of the Kennedy family.
Now there is some speculation that President Obama nominated Judge Sotomayor solely because she is a Latina. Now, would our beloved president do something so blatantly political? Possibly, because like many of his predecessors, Barak Obama is a politician.
I hope one day President Obama nominates Dr. Charles J. Ogletree to the court. Not only because he is a distinguished legal scholar, but because I think it would be cool if the man who taught both Barack and Michelle Obama at Harvard was placed on the Supreme Court by one of his former students.
May 29, 2009 @ 11:54 am9. Marc Lamont Hill wrote:
“Harvard, Yale, Princeton or Penn” LOL… like how your worked penn in there. for the record, columbia’s law school (and for that matter, stanford & nyu) is higher ranked than penn’s
….
10. ChgoSista wrote:
Shit–I gotta work on correctly pronouncing her last name….
So-to-my-YORE?
So-to-MY-or?
Damn…
May 29, 2009 @ 5:26 pm11. Sean wrote:
Marc,
Although, I disagree with your politics, I have grown to really appreciate your objectiveness on O’Reilly. I looke forward to reading your new book as well.
With that said, I consider you to be very objective and thus am struggling with the “centrist politics” description of Obama. Can you provide some context around these words? I was hoping that he would lean that way but I think he is as far away from center as possible.
May 29, 2009 @ 8:27 pm12. Eric Jackson wrote:
Rush Limbaugh calls Barak Obama a reverse racist.
One of the most popular, outspoken conservative personalities in media today has called Barack Obama a Reverse Racist. “Obama is the greatest living example of a reverse racist and now he’s appointed one.” (Sonia Sotomayor).
http://www.cnn.com/video/?/video/politics/2009/05/31/mcconnell.on.racist.charge.cnn
May 31, 2009 @ 4:59 pmLeave a Reply

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