Sonia Sotomayer
May. 29th, 2009 08:20 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
hkellickI remember... just after Obama had won the nomination to be the Democratic Presidential Nomination hanging out on CC and having two people explain to me how sexism had played a role in Obama winning the nomination. And.. I couldn't argue the fact.
The expectations for Hillary, as a woman, were DIFFERENT than those for Obama, a black man. Sometimes Hillary herself wasn't sure what those expectations were, sometimes showing her "I can play with the big boys" face and sometimes showing her more sensitive female side. The final view of Hillary was.. a woman of 1,000 faces. And it's an image some of us bought.
I can't argue that Hillary was, in part, a victim of these different expectations. The same expectations any woman in power probably has to deal with. What it means to be a Woman in a "Man's World."
I didn't like Hillary. I didn't want another Clinton in office so quickly and Hillary's "I'm going to play with the big boys" attitude.. always bothered me somewhat.
Which is probably sexism on my end.
I mention this to bring up the point that Sexism.. AND Racism are not just Black and White. There's shades of grey, quite a lot of them, and the fact, for example, that I wasn't comfortable with Hillary in power might have been sexism on my part.
I'm of an "Avenue Q" point of view about the whole thing. I think we're all a little Racist, and all a little Sexist. I hear comments all the time, jokes, a certain sort of humor that, while maybe funny, are still Sexist or Racist.
So, when you hear Sonia Sotomayer's comment, EVEN IN CONTEXT, I think it's Racist. And Sexist.
For the record, her comment was the following...
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.
You can read her entire speech, to get a feeling for the context of this paragraph here.
I think the fact that if you flipped the comment around so it says "Secondly, I would hope that a Caucasian Male with the richness of his experience would more often than not reach a better conclusion than a Latino Woman who hasn't lived that life."... the fact that that's a little more clearly racist and sexist, I think... shows the comment is, in fact Racist and Sexist.
I think, if she's said that "With my experience, and the life I've lived, I think I have the ability to make a better conclusion regarding race and sex discrimination cases.", she would have sounded potentially conceited, but not racist or sexist.
It was the way she said it.
I'm not here to yell at her like Newt or Rush. I'm sure she'll be a fine justice. But I feel the need to make my case heard, if only here in my personal journal. And, so far, there's two camps here.. only two.. the Left who's screaming it isn't Racist at all and how DARE those idiots on the rights suggest that Sonia Sotomayer is Racist.. and the Right who's screaming "REVERSE RACISM! REVERSE RACISM!"
If we're committed to fighting Racism, and Sexism. I think we need to be realistic here about what counts. And all the various grays of Racism and Sexism. If we're really going to end Racism and Sexism, which alot of groups claim is the right end.. the right end for Feminism and the Civil Rights movement, it has to stop, all of it.
The expectations for Hillary, as a woman, were DIFFERENT than those for Obama, a black man. Sometimes Hillary herself wasn't sure what those expectations were, sometimes showing her "I can play with the big boys" face and sometimes showing her more sensitive female side. The final view of Hillary was.. a woman of 1,000 faces. And it's an image some of us bought.
I can't argue that Hillary was, in part, a victim of these different expectations. The same expectations any woman in power probably has to deal with. What it means to be a Woman in a "Man's World."
I didn't like Hillary. I didn't want another Clinton in office so quickly and Hillary's "I'm going to play with the big boys" attitude.. always bothered me somewhat.
Which is probably sexism on my end.
I mention this to bring up the point that Sexism.. AND Racism are not just Black and White. There's shades of grey, quite a lot of them, and the fact, for example, that I wasn't comfortable with Hillary in power might have been sexism on my part.
I'm of an "Avenue Q" point of view about the whole thing. I think we're all a little Racist, and all a little Sexist. I hear comments all the time, jokes, a certain sort of humor that, while maybe funny, are still Sexist or Racist.
So, when you hear Sonia Sotomayer's comment, EVEN IN CONTEXT, I think it's Racist. And Sexist.
For the record, her comment was the following...
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.
You can read her entire speech, to get a feeling for the context of this paragraph here.
I think the fact that if you flipped the comment around so it says "Secondly, I would hope that a Caucasian Male with the richness of his experience would more often than not reach a better conclusion than a Latino Woman who hasn't lived that life."... the fact that that's a little more clearly racist and sexist, I think... shows the comment is, in fact Racist and Sexist.
I think, if she's said that "With my experience, and the life I've lived, I think I have the ability to make a better conclusion regarding race and sex discrimination cases.", she would have sounded potentially conceited, but not racist or sexist.
It was the way she said it.
I'm not here to yell at her like Newt or Rush. I'm sure she'll be a fine justice. But I feel the need to make my case heard, if only here in my personal journal. And, so far, there's two camps here.. only two.. the Left who's screaming it isn't Racist at all and how DARE those idiots on the rights suggest that Sonia Sotomayer is Racist.. and the Right who's screaming "REVERSE RACISM! REVERSE RACISM!"
If we're committed to fighting Racism, and Sexism. I think we need to be realistic here about what counts. And all the various grays of Racism and Sexism. If we're really going to end Racism and Sexism, which alot of groups claim is the right end.. the right end for Feminism and the Civil Rights movement, it has to stop, all of it.
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Date: 2009-05-29 12:46 pm (UTC)(no subject)
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Date: 2009-05-29 04:44 pm (UTC)I'm one of those people that believes that racism = prejudice + power... and that racism is so incredibly institutionalized, that we have little idea of what, exactly, minorities experience. That minorities, even in positions of authority, even with a black president... still are treated as minorities, and still live under institutionalized racism and sexism.
That said, I do not believe that Sotomayer's remark was sexist or racist. The reason for that is because Sotomayer's (double) minority status means that she does not have nearly the same power equal to that of a white male. Her comment may exhibit prejudice, but it does not exhibit racism or sexism, because Sotomayer, as a minority, does not have the power backing her that a white male would.
This is an interesting debate/discussion on racism that explains my views somewhat more. Particularly this comment, from the blog author:
The reason I reject that black people in America and other disadvantaged, oppressed, and marginalized people in the world cannot be Racist is that Racism is not just prejudice or discrimination. Though some may point to the dictionary and say “Yes, it is,” or “Yes, it can be,” I bring up another point from the Defining Racism essay: dictionary definitions are short and unambiguous, as they should be. You can’t, in a dictionary definition, include all of the discussion we’ve had here about Racism the institution, the process, and everything else. That’s not what a dictionary is for. The dictionary is a basic tool, but it is not (pardon me) ultimately definitive. And it’s not always completely correct. The dictionary isn’t free of bias or influence, and is (again, pardon me) usually put together by white people. It is a simple tool, at best, and this is not a simple issue.
More accurate definitions of Racism, ones that describe what goes on in the real world, include:
Racism is essentially a conscious or unconscious belief in the inherent superiority of one race over another\others and thereby the right by that race to use power to dominate.
Racism isn't about not liking another group - that's prejudice. I don't think the two can be conflated.
(no subject)
Date: 2009-05-29 04:58 pm (UTC)I don't think I buy that Racism is Prejudice plus Power.. the idea that those people without power are incapable of racism or sexism.
Racism, as it had always been defined to me, is defined as: a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race
That's Merriam-Webster's definition and I do agree that perhaps the definition MIGHT be more nuanced than that, I think the latter part about superiority, is the crux of racism or sexism.
It's the unfounded belief that 'us' are inherently better than 'them'.
It's that supposed inherent superiority based on sex and race that I'm picking up in that comment, and why I label that comment as Racist.
I don't think Ms. Sotommayer is saying she's prejudiced against men and white people and I DO NOT believe she's racist, but I think her comment is saying, whether she meant to or not, that she believes a Latino Woman, with experience, is inherently superior, at least in this one arena, then men.
(no subject)
Date: 2009-05-29 05:18 pm (UTC)I don't even agree with the dictionary definition, that racism is simply a belief that race is the primary determinant of human capacity - that might work for the outright racists individuals... but I say that because certainly even the best, most-liberal open-minded of white men and women unconsciously exhibit racism at times, simply because of how those attitudes are woven into society. And frankly, the majority (whites/males) don't encounter racism/sexism every day, nor do they experience the loss of power or the obvious privilege (that whites/males have), in the way that minorities do. I think that we unconsciously pull the power out of it because we, personally, are not trying to exert power over another individual - but we already unconciously do whenever we take advantage of our privilege.
Of course, I also agree with Sotomayer's comment - I do think that minorities (people of color (POC)/women) are better equipped to talk about some of these issues and dissect them out, because they're not blind to it in the way many whites are, and they "have lived the life" so to speak.
(no subject)
Date: 2009-05-29 05:34 pm (UTC)And I totally agree that the attitudes and beliefs are woven so far into our society, that even the most liberally minded person might exhibit unconsciously racist beliefs or behaviors. As I said at the start of my post, I'm willing to believe that my attitude towards Hillary Clinton was, at least in part, sexist in nature, though not consciously so.
But I'm not sure I agree that minorities are better equipped to discuss issues, because all issues have a number of different facets that I think takes a large variety of minds to be able to take apart and dissect and come to the best conclusion.
And.. experiencing something, such as racism or sexism, doesn't necessarily give one the.. equipment to talk about some of these issues. I think that what gives you the ability to talk about these issues is one part (and only one part) experience, but also a keen intellect, and a more scholarly disposition.
I do agree that a diverse supreme court, with both the credentials and the experience to understand a number of different situations may be the best answer, but, personally, especially given the job.. I'd sooner have someone with the credentials to take the job, than just the diversity.
(no subject)
Date: 2009-05-30 01:15 am (UTC)I think she has the equipment to talk about it, the perspective... and the intellect/credentials. I think the fact that people are saying that she's only up there for the sake of diversity are ignoring her credentials. Is it that... as a woman, she can never be smart enough on her own, so she's only there for the sake of diversity? I don't think so. Sotomayer has worked to get where she is in life. There are plenty of people who are likely equally qualified for the position. If the matter of diversity pushes her forward a little, I see it as a good thing - because otherwise we add no new perspectives to the bench, we add no true voices --- even if we don't like what they are saying to us.