Judge Sotomayor Telling It As It Is
There has been much talk about some controversial statements that Justice Sotomayor has made about her personal history playing a role in her life as a judge.
“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,” - Sotomayor
People are making the argument that a judge has a fundamental responsibility to guard against personal bias and its effect on his/her interpretation of the law, and that Sotomayor has failed in terms of that responsibility.
From my anthropological disposition, I think this argument demonstrates a profound naïveté misunderstanding of cultural constructs and our interaction with them. In addition, it totally evades the notion of white cultural dominance, and institutional racism.
Race is a status marker that includes/excludes one from broader social constructs and enables/disables certain powers. It typically works through race indicators, e.g skin color, which indicate the status you have in society. Being a person of color, certain powers are disabled. Often these powers are not codified, but are a part of the world we live in. Although your ethnic background doesn't dictate what your life will be like, they do place people of color at a disadvantage in terms of where they work, live, and of course how they’re treated—especially in terms of our legal system. For more on this take a look at
It’s Not a Black-White Thing.
Being white is an invisible status that is overlooked in all kinds of forms. This sentiment is often expressed by people of color with, "You just don't understand what it's like". White people often forget that they are white, whereas people of color are constantly reminded of the differences between them and white people. Most white people, with some exceptions e.g. poor white people, never notice such differneces because they are never at a disadvantage because of them.
Sotomayor is completely aware of these inequalities, and it is her ethical and professional responsibility to avoid perpetuating the institutional racism that is engrained in society. Many republicans counter to her nomination, are claiming that she is racist. This is absurd, and a typical move made by more sophisticated racist out of fear of a viable counterhegemony to a centuries old white cultural dominance. For so many years, people of color have been forced into subjugation. So much have they been suppressed that the problems faced by many communities cant be solved without some sort of political/legal changes-and finally when someone is brave enough to stand up for what's obviously right, they get knocked down because of their courage.
To think that white men that have primarily occupied the position Sotomayor has been nominated for, have not been effected by their own white racial enculturation is ridiculous. People cant help but to see the world through their own eyes. We are all subject to our own upbringing, even if we aren't aware of it. Our racial understanding is limited to our enculturation. If anything, we should be glad that we have a justice that's aware of her own biases.
The law and a judge are in constant interaction. The law is not some thing out in the universe that is absolute, but rather is constantly refined, and reformed based on the judgment of the people who interpret the law and use the legal system. It’s about time that there is a person like Sotomayor who can be an agent of change in terms of the law.
