by John M. Curtis
(310) 204-8700

Copyright Aug 6, 2009
All Rights Reserved.

           Confirmed by the U.S. Senate 68-31, 55-year-old former Second Circuit Court Judge Sonia Maria Sotomayor made history, becoming the first Latina and only third woman on the U.S. Supreme Court.  Sotomayor was raised by a single mother of Puerto Rican descent in the Bronx housing projects, graduated valedictorian of her Catholic high school, graduated Princeton University Summa Cum Laude Phi Beta Kappa, edited Yale Law Review and graduated with honors in 1979.  Her distinguished career included work as a New York County District Attorney under Robert J. Morgenthau, appointed to the New York Mortgage Agency by former New York Gov. Mario Cuomo, New York City Finance Board by former Mayor Ed Koch, private law practice, recommended to U.S. District Court in New York by Sen. Daniel Patrick Moynihan (D-N.Y.) and Sen. Al D’Amato (R-N.Y), and eventually to 2nd  Circuit Court of Appeals.

            Few candidates, regardless of ethnic background, have ever been more qualified or deserving of her Supreme Court nomination than Sotomayor.  Despite her qualifications, she was opposed vigorously by most Senate Republicans for some of her past rulings and flip comments at an open forum in which she talked of a Latina’s superior wisdom over her white colleagues.  Her public statements “reflect a belief not just that impartiality is not possible, but that it’s not even worth the effort,” said Sen. Minority Leader Mitch McConnell (R-Kt.), ignoring Sotomayor’s long history of rulings neither consistently liberal nor conservative.  McConnell and other senate Republicans saw opposing Sotomayor as an opportunity of flexing political muscle more than highlighting philosophical differences.  McConnell knew that replacing liberal-minded Justice David Souter with Sotomayor changed little. 

            Right wing talk radio ranted and raved about Sotomayor for months, hoping, like with health care, to deal President Barack Obama a political defeat.  With the GOP fairing poorly in the last election, picking on the Latina jurist was the last battle Republicans needed.  “History awaits, and so, does an anxious Hispanic community in this country,” said Sen. Robert Martinez (D-N.J.), the only Latino member of the U.S. Senate.  Martinez reminded his GOP Senate friends that Latino voters won’t forget opposition to the nation’s first Hispanic Supreme Court justice.  Obama hailed Sotomayor’s approval as “breaking another barrier and moving us yet another step closer to a more perfect union,” paraphrasing former President Abe Lincoln.  Despite a life-long commitment fighting prejudice and racism, some GOP senators accused Sotomayor of racism for her sympathy toward minorities. 

           Conservative members of the Senate preferred grandstanding over giving Judge Sotomayor her due.  “She has bluntly advocated a judicial philosophy where judges ground their decisions no in the object rule of law but in the subjective realm of personal  ‘opinions, sympathies and prejudice,’” said Sen. Jeff Sessions (R-Ala.), showing the kind of hyperbole destined to boomerang.  Sotomayor received poor marks from the National Rifle Assoc. for supporting rulings on the 2nd Circuit Court restricting the Second Amendment, especially in densely populated urban areas like New York City and Washington, D.C., where there’s a high rate of gun violence.  Conservatives make no distinction between hunting permits in rule areas vs. concealed weapons’ permits in the nation’s most densely populated urban areas.  Her rulings reflect current realities not romantic views of pioneer history. 

            Whatever the GOP thinks of Sotomayor, they picked the wrong battle, potentially alienating Latino voters in next year’s midterm elections.  Despite Barack’s drop in approval ratings, he’s still well above 50%, signaling that voters have once again polarized around the two parties.  When voters ganged up on the GOP last November, a vote for Obama was as much a no confidence vote against the Bush administration.  It was difficult for GOP nominee Sen. John McCain (R-Ariz.) to argue his Party deserved another four years.  Barack’s drop in approval ratings was expected, a natural consequence of a stubborn recession with high unemployment.  Opposing Sotomayor purely on political grounds, pretending her 17-year history on the federal bench revealed liberal judicial activism.  Calling her a racist went over the top, antagonizing GOP-leaning Latino voters.

            Confirming Sotomayor represents a positive step in U.S. race relations but still exposes the bitter partisan divide hampering Barack’s legislative agenda.  While capturing only nine GOP votes, including Latino Sen. Mel Martinez (R-Fl.), Sotomayor exposed the ugly reality of Washington politics:  That both political parties are guilty of political sabotage.  When conservative-leaning Chief Justice John G. Roberts faced  confirmation hearings in the fall 2005, Democrats, too, spoke disparagingly about his credentials and conservative ideology.  Roberts had far less experience on the federal bench than Sotomayor.  Because Sotomayor was the first Latina nominated to the Supreme Court, Hispanic groups scrutinized carefully white GOP senators voting against her confirmation.  Given her impeccable credentials and experience, you’d think she would have been a slam-dunk.

 John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com and author of Dodging The Bullet and Charisma.