Sotomayor’s Discriminating Defense


If a man did it...

President Obama’s nominee to the Supreme Court, Sonia Sotomayor, has been deservedly criticized for her stated belief that minority judges make better decisions than “white males” because of their race, gender, ethnicity, and life experiences. The remark, repeated by Sotomayor in near identical form in speech after speech, has raised questions about her ability to be fair and impartial on the bench.

Surprisingly less criticized has been Sotomayor’s defense of her membership in an exclusive women’s club, The Belizean Grove.  A little over two weeks ago, Sotomayor responded to questions from Senators about the group with an answer that made even her champions at the New York Times blush.  Sotomayor said that her membership in the all-female group was appropriate because the group did not “invidiously discriminate” against men.

“I am a member of the Belizean Grove, a private organization of female professionals from the profit, nonprofit and social sectors.  The organization does not invidiously discriminate on the basis of sex. Men are involved in its activities — they participate in trips, host events and speak at functions — but to the best of my knowledge, a man has never asked to be considered for membership.”

The Times pointed out that the group’s own website does not agree with Sotomayor’s characterization, describing the group as a, “constellation of influential women,” and seemingly containing no mention of any roles for men.  Like her explanation of her racial comments, Sotomayor’s defense of her membership raises more questions than answers.

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Sotomayor, Obama, and the Felon Vote


Is this what the president taught in law school?

Supreme Court nominee Sonia Sotomayor is an advocate of allowing felons to vote. “Advocate” is a loaded word when referring to a judge, and with good reason. Judges are not supposed to allow their personal preferences influence their interpretation of the law and the facts at issue in a given case. But their really is no other way to describe Sotomayor’s dissenting opinion in Hayden v. Pataki, a case brought by inmates in New York State under the federal Voting Rights Act.

The inmates were suing the State of New York for the right to vote, alleging New York’s prohibition of felon voting was discriminatory based on race and ethnicity. Sotomayor sided with the inmates in a four-paragraph long opinion, holding that the Voting Rights Act prohibited states from disenfranchising felons because the majority are black, Hispanic, and other minorities.

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