Judging the Judge

Dear editor:

President Obama’s choice of Judge Sotomayor has created such an unbelievable backlash from ultra right wing conservative radio commentator Rush Limbaugh and parroted by former House Speaker Newt Gingrich of Georgia, that it makes one wonder where the intelligence, understanding and decency of America has gone. Of course self-impressed, bombastic Limbaugh has seen that GOP activists and senators have denounced his remarks and he has back pedaled and recommended a wait and see attitude. Gingrich has since said that his choice of words (racist), were extreme and should not have been used. Both have shown their true colors of hatred and power hunger and their new stands on things are a little late, but welcome.

What is it that Judge Sotomayor said in a single line of a speech many years ago that has caused this furor? The judge, who has sat successfully and commendably on the federal bench for many years, commented that a “wise Latina woman” could render a better judgment than a white male (as part of a much broader speech) but was committed to following the rule of law above anything else. Now, both she and her supporters, including the president, have stated that she could have used better wording.

But, let’s take a deeper look into her words and its meaning according to the rule of law and the fact that members of the Supreme Court are still human beings with feelings, thoughts, experiences and interpretations that shape their decisions. They are not, nor do we want them to be, machines. Each is a product of their environment, upbringing and education. Their views on the law are absolutely a part of their interpretation of our law. Let’s face it. An African American judge has a better understanding of how the law affects blacks, an Hispanic member of the court has a better understanding of how the law affects Spanish speaking citizens of our country and a lady judge has a better understanding of how women’s rights laws before the court are felt by half of our population. Does this mean that others (white males) cannot give proper judgment? Of course not. That’s why there is not just one judge sitting and issuing single opinions but rather nine justices issuing majority and minority opinions from the nine sitting members. That’s the beauty of the system. Each member comes with their own background, education, prejudices (we all have some that shape us even if we do not know it) and interprets the law as they see it. And remember, they are interpreting the law. Just because we might disagree with their decision doesn’t mean they are “making law” instead of judging it.

The single judgment that should be made by the Senate should be, “Is she qualified,” not “Does she disagree with my views and my party.” And Judge Sotomayor, with all her years of honorable service on the federal bench, passes that litmus test with flying colors.