Obama’s Supreme Court Pick: Is Soto “mayor” cause for concern?

The excitement of perhaps having the third woman on the U.S. Supreme court as well as the first Latina ever was marred by all the hubbub about her person. Sotomayor is being portrayed by some as an “activist judge,” a racist, a sexist, and even as unpatriotic. So let’s scrutinize what we know. We know that as a child she struggled with childhood diabetes, was raised in the South Bronx, orphaned of her father at the tender age of nine and raised by her hardworking single mom (a nurse) along with her brother.

We also know that Sotomayor graduated summa cum laude from Princeton University; went on to Yale Law school (where she was editor of the Yale Law Journal); has three decades of experience serving in a variety of legal roles including prosecutor, litigator, and judge; was the youngest member of the court appointed to the Southern District of New York - District Court; and was the first Latina to serve on the Court of Appeals in the Second Circuit (appointed by George W. Bush and had bipartisan confirmation and support).

The cases Sotomayor has ruled are on varied issues—some quite controversial. She has a strong record on civil rights—ruling in favor of plaintiffs who are discriminated on the basis of race, color, or sex. She has also ruled in favor of protecting the environment. She has ruled liberally on lawsuits against federal contractors and in cases of workplace disabilities but ruled conservatively on abortion rights issues, “qualified immunity” for police officers, and international custody rights. A review of her rulings shows Sotomayor does not seem to be living up to the “judicial activist” role that many right wing pundits are describing her to be. So, I’m left wondering what the real agenda is? If Sotomayor is really a moderate that will appease Latinos pushing for a presidential cabinet appointment while at the same time appeasing conservatives and moderates on the issues; what purpose does it serve to demonize her? Especially since it is quite obvious that she will be confirmed and appointed!
Some have called Sotomayor a “reverse” racist, because of this quote she made:
“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.” As a Latina woman, even without the context of her whole speech, I can understand what Sotomayor is talking about. I know that my experiences as a Latina have shaped me and enhanced my life. Yet Sotomayor is being slammed for commenting on race while being a woman of color (the perfect candidate to comment on such issues). Sandra Day O’Conner gave an opinion that called for continued affirmative action for minorities for the next 25 years, and no one called her a racist? When, if not in this case, does a Latina get to comment on being Latina?
Frankly, I’m not sure what upsets me more: That haters of Sotomayor are spinning a yarn about how unqualified and biased she will be for the highest court when there is little to support that premise, or that in reality, Sotomayor’s almost inevitable appointment will be anticlimactic to Latinos and Latino rights. The fact is, I believe that given her record, she will – more likely than not – be an innocuous justice in a heavily conservative Supreme Court. Let’s not forget that becoming a Supreme Court Justice does not mean Sotomayor will be making lone decisions on anything.

But, I’m willing to giver Sotomayor the benefit of the doubt. Maybe she will be more conservative than liberals would like, and more liberal than conservatives can stand. But there is no question of the historical impact of the first Black president appointing the first Latina woman to the U.S. Supreme court. And there is no question that the next generations of Latina girls and women will have an incredible role model of what can be achieved by women of color in this country.