I liked this panel from the NYT, and have copy+pasted a few choice excerpts below, with comments.
Indeed, the bare fact that she is a Latina tells us little about what sort of Supreme Court justice she would be, or how her presence would affect the dynamics of the Court, though her views have likely been shaped by who she is and how her life has unfolded.Yeah. Exactly. Wouldn't it be nice if, one day, we stopped caring about the sex or race of appointees or leaders of any kind and asked, instead, "So...what's her record?" rather than "So...what interest groups does she energize?"
The next panelist makes this point better than I:
Oh. This next one is great.Long ago in dealing with corrective justice, Aristotle in his Nicomachean Ethics insisted that justice depended not on who was rich or poor, or even who was a good or bad person, but on the conduct of the two parties relative to each other. The point of his observation was not to explain the grounds on which cases should be decided, but to make sure that extraneous considerations were not allowed to intrude into a dispute.
The President’s choice of Judge Sotomayor seems to invert that historical relationship between corrective justice and individual traits in ways that are inconsistent with any serious defense of the rule of law, for which blind — i.e. impartial — justice is surely a better measure. By reputation at least, Judge Sotomayor is not regarded as a strong judge. It seems sad that extraneous considerations of gender and ethnicity seem to have swept everything else aside.
Judge Sotomayor has a compelling life story. She exceeds all the conventional standards. At the same time her extraordinarily diverse range of experiences shows how very thin those standards have been. Her nomination is path-breaking because it tells us that President Obama wants all Americans to feel part of our system of laws, not just as litigants but as among the ultimate legal interpreters.Because arbitration by majority rather than law is SUCH a great idea. This writer also made the point that, in earlier supreme courts, racism as a perspective influenced cases like Dred Scott. The intricacies of that case aside, I think we can generally agree. But I don't think that the solution to an imbalance one way--toward racism against blacks--is to imbalance on the other end, toward racism against whites. This is the very problem with "all Americans acting as ultimate legal interpreters": the whim of majority rather than stability of law determine a case's outcome. Somebody shoot me. (Don't worry...if the country wades further into confusion, somebody certainly will.)
2 comments:
I was astonished that someone was bringing up Aristotle in a debate on jurisprudence, and wanted to know who it was. What do you know? It was Dr. Richard Epstein, a former Hillsdale professor. :-)
Thanks for this post.
It's a new world with new values Joy. Though they may read Aristotle, Plato, Machiavelli, idc who, they still choose to ignore the teachings of the past in favor of the choices of the now. The now is still leaves a fresh taste in the mouth and whether it is sweet or tart it will have more influence on today's society. The obvious is people giving a finger to the past like Aristotle and the Constitution but in reality, as you know I'm sure, it is simultaneously giving a finger to the future. We’re stuck in a crepuscular moment that never seems to end… Let’s think about the morrow for once eh? Thanks for the post, and though your blog seems a bit saturnine it seems to be leaning towards the sardonic and not the melancholic.
Just remember the best reply ever in case of emergency.
"Where are the Snowdens of yesteryear?"
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