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| | In a speech in 2001, Sotomayor said "she believes it is appropriate for a judge to consider their “experiences as women and people of color” in their decision making, which she believes should “affect our decisions.”"<ref>http://www.verumserum.com/?p=5306&cpage=1</ref> | | In a speech in 2001, Sotomayor said "she believes it is appropriate for a judge to consider their “experiences as women and people of color” in their decision making, which she believes should “affect our decisions.”"<ref>http://www.verumserum.com/?p=5306&cpage=1</ref> |
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| − | "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 hasn’t lived that life."<ref>http://www.feministe.us/blog/archives/2009/05/26/sonia-sotomayor-nominated-for-the-supreme-court/</ref><ref>National Journal, ''Identity Politics And Sotomayor, The judge's thinking is representative of the Democratic Party's powerful identity-politics wing.'', by Stuart Taylor, Saturday, May 23, 2009 [http://www.nationaljournal.com/njmagazine/or_20090523_2724.php]</ref> | + | Sotomayor agrees with the goal of abstract justice, but also agrees with strongly held conservatuive views that there are real differences between men and women. Referring to a law article by Judge Cedarbaum, she notes that Cedarbaum, "believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law." Sotomayor in response said, "I agree with and attempt to work toward Judge Cedarbaum's aspiration." But she went on: |
| | + | :"I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. ...I accept the thesis ...that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought. |
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| | + | :Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure... that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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 hasn't lived that life.<ref> Sotomayor, "A Latina Judge’s Voice," (2002), [http://www.nytimes.com/2009/05/15/us/politics/15judge.text.html?_r=1&pagewanted=all online edition]</ref> |
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| | "The most consistent concern was that Sotomayor, although an able lawyer, was "not that smart and kind of a bully on the bench," as one former Second Circuit clerk for another judge put it."<ref>http://www.tnr.com/politics/story.html?id=45d56e6f-f497-4b19-9c63-04e10199a085</ref> | | "The most consistent concern was that Sotomayor, although an able lawyer, was "not that smart and kind of a bully on the bench," as one former Second Circuit clerk for another judge put it."<ref>http://www.tnr.com/politics/story.html?id=45d56e6f-f497-4b19-9c63-04e10199a085</ref> |