David Kirkpatrick

May 30, 2009

Sotomayor, race and the right

Filed under: Politics — Tags: , , , , , — David Kirkpatrick @ 11:04 am

I guess attacking on race is either all those on the right who oppose Sotomayor have, or its all they know because the actual judicial record has no bearing on the argument.

The meme has become quite strong, however, and is being hammered by multiple GOPers at multiple media outlets so I guess the Republican Party is going to live, die or fade further in obscurity and irrelevance on opposing Obama’s first Supreme Court pick purely on an argument based on race.

Here’s Andrew Sullivan on the topic, first quoting Tim Goldstein:

In sum, in an eleven-year career on the Second Circuit, Judge Sotomayor has participated in roughly 100 panel decisions involving questions of race and has disagreed with her colleagues in those cases (a fair measure of whether she is an outlier) a total of 4 times.  Only one case (Gant) in that entire eleven years actually involved the question whether race discrimination may have occurred.  (In another case (Pappas) she dissented to favor a white bigot.)  She participated in two other panels rejecting district court rulings agreeing with race-based jury-selection claims.

Given that record, it seems absurd to say that Judge Sotomayor allows race to infect her decisionmaking.

Absurd would be the word. I don’t doubt she’s a liberal on these issues – guess who won the election – but I see no smoking racial gun here. Even a toy one.