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Sotomayor's Flawed Reasoning

by R. Emmett Tyrrell Jr.

WASHINGTON — Liberal opinion is engaged heavily now in belaboring Newt Gingrich and Rush Limbaugh for calling the Prophet Obama's Supreme Court nominee, Judge Sonia Sotomayor, a racist. The proximate cause for this charge is the following statement by Judge Sotomayor to an audience at the University of California, Berkeley, School of Law in 2001: "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 wh ...

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Posted by: James A, Sweeney
Comment: #1
Thu Jun 4, 2009 9:42 PM

Sir;.....You are a racist, and so is Mr. Limbaugh... First, Latinos are not a race apart from our own, but the Latino experience has been different from most of our own, so at worst, her remark was sensitive to the cultural experience of many left out people in this country...If white men are making the laws, as they are for the most part, is it some how racist that those affected by them should judge them???Is it better that so many of all creeds, cultures, and colors judge the laws as unjust, and judge the supreme court as so many zombies; yet are denied the legal expression of their contempt???The fact is that none of the justices can escape the law...That is the problem, that they deal with the form called law, and from within that form, they cannot judge it...The constitution is just a form too...Read what Jefferson said of forms in the Declaration of Independence...The form of their government was what those revolutionaries were trying to change...Do you think they ever believed the constitution was perfect, or would never need to be revised, re written, or reformed??? A form is not only a form... Every form is a form, but every form is also a relationship...Any intelligent person can see that the relationship called the United States is not working...It will not work unless that relationship can be understood, and unless the constitution can be changed to reflect the needs of that relationship...I understand that you simply want the minorities to accept their powerlessness to change and correct the constitution...We have been led into disunion, and it is only because a certain unity is required to change the constitution...But only a majority of lawyers on the highest court will ever be in a position to interpret the constitution according to its goals... Were an unimaginable majority of the people to be assembled, the constitution could be changed, but I will not count on that unliklyhood...Instead, if enough people are put on the court who have the intelligence to see through the constitution, and to judge the constitution instead of judging by the constitution, then revolution can be averted...Calling that woman a racist is non sense...You simply do not want anyone there with the knowledge that law does not bring justice, and that the constitution does not give birth to just laws... So long as rich white men can make the law, and judge the laws they make we cannot expect better than what the past has already shown us, which is to say, nothing but injustice...While I might say of congress, or the people who elected them, that most of them are racist; this misses the point...It may be that the laws are more unjust to certain races....What is killing us is that the whole economic system that the court is incapable of judging is robbing us all, and that people wounded by the injustice of our shared life cannot stand in defense of this society... And I can forgive the sort of racism we see across this land for one reason only: People injured by injustice seek out the guilty, but they most often lash out at one as injured as themselves...Our ideologies, both Christianity and Capitalism blind us to the truly guilty, and so we are left with hating, and blaming our neighbors...So no...Mrs. Sotomayor is not a rascist...But she is most certainly a victim, and the consciousness of injustice is the last thing you want on the court...What you need is a Pangloss...One of you should see if he is looking for work... Thanks...Sweeney

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