"For the first time in my adult life I am proud of my country because it feels like hope is finally making a comeback." That one statement made by Michelle Obama on February 18, 2008 made headlines. Eventually, she explained it away and all was forgiven. The problem is that it was looked at in a vacuum by the media and even by many on the Right. There were many companion statements uttered over time by Mrs. Obama that were consistent with a person who didn't think very highly of America, but she received a pass.
Now we find ourselves with another highlighted quote, one of many that show a very strong pattern and system of beliefs. Only this time the words have come out of the mouth of the woman who would be our next United States Supreme Court Justice, Sonia Sotomayor, who currently serves on the U.S. Court of Appeals, Second Circuit. But to ignore the rest of what she said would subject us to much more serious consequences then resulted from ignoring the remarks of the woman who is now our First Lady. It would result in a lifetime appointment for a woman, who in my view is obsessed with race and is, in fact, a racist.
Here's the part we have all heard about. "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." She made that statement in September of 2001 in a speech to the University of California-Berkley, School of Law. The speech was also published in the Spring 2002 issue of Berkley La Raza Law Journal, a symposium issue entitled, "Raising the Bar: Latino and Latina Presence in the Judiciary and the Struggle for Representation." That is a blatantly racist remark. She touts the superiority of her race over that of whites. Open and closed. But New York Senator Charles Schumer chooses to misread the entire remark. He says that, "The specific sentence is simply saying that people’s experiences matter and we ought to have more diversity on the courts."
But what's worse, is that Mr. Schumer implies that he has read Ms. Sotomayor's entire speech, and he has no problem with it. "I think she'll stand by the entire speech," he said. Let's hope she does, and let's hope she's challenged big time on what she said.
So what else was in that address? Sotomayor told her audience that she intended to, "Talk about her Latina identity, where it came from and the influence I perceive it has on my presence on the bench." She said her parents taught her to love being a "Puerto Riquena, and to love America," then added, "But achieving success here is no easy accomplishment for Latinos or Latinas, and although that struggle did not and does not create a Latina identity, it does inspire how I live my life."
"The focus of my speech however is not about the struggle to get us where we are and where we need to go but instead to discuss with you what it all will mean to have more women and people of color on the bench," she said. And here it comes.
She references her former colleague from the Southern district, Judge Mirium Cedarbaum, who she says believes, "That judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law." Sounds like the only judicial philosophy to have, but it's not necessarily Ms. Sotomayor's philosophy.
"Although I agree with and attempt to work toward Judge Cedarbaum's aspiration, I wonder whether achieving that goal is possible in all or even most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society." This is as red a flag as one can have. She is giving us fair warning that if she's confirmed, she will rule as a "Latina." Want more evidence?
"I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that, it's an aspiration because it denies the fact that we are by our experiences making different choices than others." So it should come as no surprise that her lead-in to the “Latina woman /white male” comment was, "Justice [Sandra Day] O'Connor has often been cited as saying that a wise old man and a wise old woman will reach the same conclusion in deciding cases. I am not so sure I agree with that statement."
Yes, it seems pretty obvious that Sonia Sotomayor has a very serious race issue going on. But let's remember who nominated her for the Supreme Court: The man who once called his mother’s mother a "typical white person."
Now President Obama says that he's sure that Ms. Sotomayor would have "restated" the one line now under scrutiny. I guess he didn't read the rest of the speech. Mr. Obama also ridicules those who would dare to question his choice claiming, "some in Washington who are attempting to draw old battle lines and playing the usual political games pulling a few comments out of context to paint a distorted picture of Judge Sotomayor’s record." This comes from the man who voted to filibuster Justice Alito's nomination.
And Mr. Obama, looking to turn the racist tables went on, "I think all this nonsense that is being spewed out will be revealed for what it is." Yes, how dare we look at racism and call it what it is. Let's pray very hard that the U.S. Senate will not be intimidated, but don't hold your breath.
-Steve Malzberg is a nationally syndicated talk show host on the WOR Radio Network and a frequent guest on many of the television cable shows. He can be reached through www.worradionet.com