- Dec 18, 2011
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Hispanic judge, Sonia Sotomayor, believes that the ethnicity and gender of a judge will make a difference in the way they judge a case.
She doesn't seem to agree with Justice Ginsburg or Sandra Day O'Connor that a wise old man and a wise old woman would reach the same conclusion when deciding a case. Technically, they should since they must make their decisions according to laws. It's no secret that the left prefers legislating from the bench rather than following the laws on the books. So, does Trump have a point when he expresses concern over a Hispanic judge? I don't think it's about the judge being Hispanic so much as it is about any judge being liberal. The left has long criticized conservative judges who follow the law and constitution to the letter. They are more interested in changing it than following it.
So why is Donald Trump being criticized for saying the same thing? Sotomayer was bascially saying that being a Hispanic woman means that she will judge differently from a white male. Isn't that admitting a bias based on ethnicity or sex? And should a white male be concerned about being judged by such a person? We know that minorities often claim bias when a judge or jury members are white. Doesn't this go both ways? If the left is correct that minorities don't get a fair deal, how can they justify doing the same to others? If Sotomayer was being honest, then one should expect that a judge will rule in a biased manner based on ethnicity.
If that is so, then how is it fair for Trump University case to be decided by a Hispanic judge who could very well hold a grudge over Trump's proposed border security. The left certainly seems to think that all Hispanics think alike, whether they are legal citizens or illegal aliens. Would the same then be true if a Muslim judge was presiding over a case involving someone who wants to deny Muslim refugees till they can be vetted?
This is an example of both sides having it both ways. Do we automatically expect bias these days? If it's a problem, then we need to address it. It shouldn't matter which race, ethnicity or gender a judge is because the constitution should have the last word. Judges should never be allowed to ignore or change any part of that. Is this finally an admission that legislating from the bench is not only common but that we are helpless to do anything about it? If we have rampant bias in all the lower courts, then the Supreme Court is the final recourse when seeking justice. If we cannot trust them to be fair and honest, we are in big trouble.
"In her speech, Judge Sotomayor questioned the famous notion — often invoked by Justice Ruth Bader Ginsburg and her retired Supreme Court colleague, Sandra Day O’Connor — that a wise old man and a wise old woman would reach the same conclusion when deciding cases.
"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," said Judge Sotomayor, before she was confirmed as a Supreme Court Justice.
Judge Sotomayor has given several speeches about the importance of diversity. But her 2001 remarks at Berkeley, which were published by the Berkeley La Raza Law Journal, went further, asserting that judges’ identities will affect legal outcomes.
"Whether born from experience or inherent physiological or cultural differences," she said, for jurists who are women and nonwhite, "our gender and national origins may and will make a difference in our judging.""
http://www.allenbwest.com/michele/flashback-supreme-court-judge-confirms-trumps-greatest-fear
She doesn't seem to agree with Justice Ginsburg or Sandra Day O'Connor that a wise old man and a wise old woman would reach the same conclusion when deciding a case. Technically, they should since they must make their decisions according to laws. It's no secret that the left prefers legislating from the bench rather than following the laws on the books. So, does Trump have a point when he expresses concern over a Hispanic judge? I don't think it's about the judge being Hispanic so much as it is about any judge being liberal. The left has long criticized conservative judges who follow the law and constitution to the letter. They are more interested in changing it than following it.
So why is Donald Trump being criticized for saying the same thing? Sotomayer was bascially saying that being a Hispanic woman means that she will judge differently from a white male. Isn't that admitting a bias based on ethnicity or sex? And should a white male be concerned about being judged by such a person? We know that minorities often claim bias when a judge or jury members are white. Doesn't this go both ways? If the left is correct that minorities don't get a fair deal, how can they justify doing the same to others? If Sotomayer was being honest, then one should expect that a judge will rule in a biased manner based on ethnicity.
If that is so, then how is it fair for Trump University case to be decided by a Hispanic judge who could very well hold a grudge over Trump's proposed border security. The left certainly seems to think that all Hispanics think alike, whether they are legal citizens or illegal aliens. Would the same then be true if a Muslim judge was presiding over a case involving someone who wants to deny Muslim refugees till they can be vetted?
This is an example of both sides having it both ways. Do we automatically expect bias these days? If it's a problem, then we need to address it. It shouldn't matter which race, ethnicity or gender a judge is because the constitution should have the last word. Judges should never be allowed to ignore or change any part of that. Is this finally an admission that legislating from the bench is not only common but that we are helpless to do anything about it? If we have rampant bias in all the lower courts, then the Supreme Court is the final recourse when seeking justice. If we cannot trust them to be fair and honest, we are in big trouble.
"In her speech, Judge Sotomayor questioned the famous notion — often invoked by Justice Ruth Bader Ginsburg and her retired Supreme Court colleague, Sandra Day O’Connor — that a wise old man and a wise old woman would reach the same conclusion when deciding cases.
"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," said Judge Sotomayor, before she was confirmed as a Supreme Court Justice.
Judge Sotomayor has given several speeches about the importance of diversity. But her 2001 remarks at Berkeley, which were published by the Berkeley La Raza Law Journal, went further, asserting that judges’ identities will affect legal outcomes.
"Whether born from experience or inherent physiological or cultural differences," she said, for jurists who are women and nonwhite, "our gender and national origins may and will make a difference in our judging.""
http://www.allenbwest.com/michele/flashback-supreme-court-judge-confirms-trumps-greatest-fear
