One of the fascinating developments since President Obama nominated Sonia Sotomayor to the Supreme Court is the contrast between the deluge of conservative writers who are highlighting her astonishingly liberal record and the deafening silence from the mainstream media. They and their leftist brethren in Congress are too busy celebrating the inevitability of Sotomayor's ascendancy to the highest court, riding the cultural coattails enshrined in judicial activism which has finally achieved its lifelong goal--an unfettered license to create law based on personal preferences.
Although it's not been widely published in the media, anyone perusing the center-right blogosphere couldn't have missed Sotomayor's racist comment that "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion (as a judge) than a white male who hasn't lived that life." Upon questioning by the Senate Judiciary Committee she'll doubtless find a deft way to deflect or minimize that starkly hostile comment, but it provides us average folks a window into the left's curious universe, a place where values and principles are presupposed based on skin color and ethnicity.
Conservative writers such as George Will have reflected on the torrent of front-page invective that would have obtained had a Samuel Alito stated the converse--that "I would hope that a white male with the richness of this traditional American values would reach a better conclusion than a Latina woman who hasn't had that life." But the deeper paradox is that otherwise intelligent people such as Sotomayor sincerely believe that judicial decisions should often be predicated on one's life experiences versus the Constitution.
One of the key questions she must answer, therefore, is whether she truly believes that people's identity can be divined by their skin color or ethnicity? And, have we run so far afield that a member of one ethnicity is deemed incapable of rendering a fair legal judgment concerning a member of another ethnicity?
The transparently craven motivation of this president is abundantly evident by this choice because were this individual neither a female nor an American of Hispanic ancestry, her rather unremarkable legal career would never qualify her for the highest court in America.
As I've argued in numerous posts, culture is the civic engine of any society, which informs its character and plots its trajectory as a nation. Its strength and resilience depends upon a vigilant adherence to a set of principles, one immune from the sway of fashion and the allure of values codified by relativism. Tragically, Obama and millions like him in America today are convinced that the most superficial human traits--that is, pigment and ancestry--supersede the values and ideas we hold dear.
The president will likely have two more opportunities to put his stamp on the Supreme Court. If this nomination is prelude to the next two, we can expect a grim resurgence of judicial activism which can only inhibit the guarantee of equality under the law.
Sotomayor, 'Empathy,' and the Defense of Principle
An enduring, if annoying article of liberal faith is that since average Americans are, by definition, behind the elitists' cultural curve, they're inherently in need of correction. The latest instruction is being administered by President Obama and his leftist pals in Congress and their foot soldiers in the media, and the subject, in case you're the type to not pay attention class, is empathy.
I could choose any of dozens of news reports or editorials which are all part of the national curricula, but Gloria Borger, a "senior political analyst for CNN" has an illustrative piece at CNNPolitics.com, so we'll use that for our counter-culture lesson. Well before Obama chose Sonia Sotomayor as his nominee, I wrote that he would target a "stealth" candidate, someone culturally difficult to pigeonhole, a person politically immune from rigorous scrutiny.
The litmus test for such a candidate is that she (it had to be a 'she') would be so impervious to criticism that Republicans would be fighting among themselves, some seduced by the tacit argument that empathy and judicial impartiality aren't, in fact, mutually exclusive. Well, of course they're not, but the question is whether a substantive reliance on "life experiences" versus a fidelity to law is what our Founders contemplated and what is enshrined in our Constitution?
In light of the cloud of civic confusion that hovers over America, Obama's choice was tactfully ingenious because it had the intended result of confounding Republicans and delighting Democrats. Having successfully seeded identity politics into our cultural loam, the left now sits back and smirks, confident that we all implicitly avow the veracity of race and ethnicity as reflective of values and principles. Add to that noxious mix the notion that gender makes the jurist, and you have just the right formula for a left-of-center legal temperament.
So, we have the practical Republicans among us cautioning conservatives not to lose sight of 2012, that our strategy in dealing with Sotomayor must be conditioned with an adroit understanding of the nuanced moderate or Independent voter, lest we cede electoral real estate to the Democrats. In truth, for far too long many on the right have unwittingly adopted the left's duplicitous recommendation that bipartisanship requires them to accept disparately deep political concessions. And, with their army of media flooding the zone and quick to characterize principled opposition as mean and uncaring, it's no wonder their arguments have achieved cultural traction.
A telling, early response by many liberal commentators and legal analysts was their pre-emptive shock that any Republican would see political advantage in challenging this nominee. You see, it doesn't occur to these masterful political tacticians that we might just be opposing her on principle. Indeed, that we sincerely believe that judicial activism--use empathy, or the euphemism of your choice--is anathema to our judicial system, is entirely lost on them.
The problem is that many Republicans are myopically subscribing to the same myth, fearful that a principled opposition to a candidate who is on record as asserting that a Caucasian male is innately less wise than a Latina female--i.e., herself--is ill-advised, that we should tone it down a bit.
Succinctly stated, although we should always be respectful and never harsh or shrill, principles shouldn't be conditioned by political expedience.
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