Sotomayor: A Deeply Political Pick
What Obama did not do: pick the most learned or intelligent or wisest lawyer available to him.
What he did do: pick the justice he deemed most likely to secure him a demographic constituency in 2008.
This is pure Chicagoland politics, using one of the president's most important powers for the most narrow partisan purposes.
"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn't lived that life." -- Judge Sonia Sotomayor, in her Judge Mario G. Olmos Law and Cultural Diversity Lecture at the University of California (Berkeley) School of Law in 2001
The above assertion and the rest of a remarkable speech to a Hispanic group by Sotomayor -- widely touted as a possible Obama nominee to the Supreme Court -- has drawn very little attention in the mainstream media since it was quoted deep inside The New York Times on May 15.
It deserves more scrutiny, because apart from Sotomayor's Supreme Court prospects, her thinking is representative of the Democratic Party's powerful identity-politics wing.
Sotomayor also referred to the cardinal duty of judges to be impartial as a mere "aspiration because it denies the fact that we are by our experiences making different choices than others." And she suggested that "inherent physiological or cultural differences" may help explain why "our gender and national origins may and will make a difference in our judging."
So accustomed have we become to identity politics that it barely causes a ripple when a highly touted Supreme Court candidate, who sits on the federal Appeals Court in New York, has seriously suggested that Latina women like her make better judges than white males. Indeed, unless Sotomayor believes that Latina women also make better judges than Latino men, and also better than African-American men and women, her basic proposition seems to be that white males (with some exceptions, she noted) are inferior to all other groups in the qualities that make for a good jurist.
Any prominent white male would be instantly and properly banished from polite society as a racist and a sexist for making an analogous claim of ethnic and gender superiority or inferiority.
Imagine the reaction if someone had unearthed in 2005 a speech in which then-Judge Samuel Alito had asserted, for example: "I would hope that a white male with the richness of his traditional American values would reach a better conclusion than a Latina woman who hasn't lived that life" -- and had proceeded to speak of "inherent physiological or cultural differences."
So much for candidate Obama's bold rhetoric of national unity. In the crunch, he sides with the dividers of America, the multiculturalists. There is rich ground here for questioning at the hearings. It is worth remembering Brent Scowcroft's reaction to news of the attempted overthrow of Boris Yeltsin by hardline communists in 1991: "coups sometimes fail." So sometimes do nominations.