Monday, June 8, 2009

Race and the Media

The nomination by President Barack Obama of Judge Sonia Sotomayor to the U.S. Supreme Court has, yet again, opened a debate about the often emotive and divisive issue of race in American society. Sotomayor is a woman and if confirmed, she would be the Supreme Court’s third female justice, Sandra Day O’Connor being the first. Thankfully, her gender is not the problem this time around.

Sotomayor would also be the country’s first Hispanic justice and that, it seems, is a huge problem.

At the heart of the debate is the allegation that Sotomayor is a ‘dyed-in-the-wool’ racist. Much has been made by the media of her ‘wise Latina judge’ comment. Here is what she said in a lecture on Cultural Diversity at the University of California (Berkeley) School of Law in 2001: “Justice O'Connor has often been cited as saying that wise old men and wise old—and a wise old woman will reach the same conclusion in deciding cases. I am not so sure that I agree with the statement. 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 wasn't lived that life”.
Former House Speaker Newt Gingrich, radio host Rush Limbaugh and others rushed to label Sotomayor a racist over the remark. Gingrich has since recanted but Limbaugh has not, going to call her ‘an irrational judge’ on his show, http://www.youtube.com/watch?v=oZ05NHuk19o.

On Fox News, she has been called ‘arrogant, stupid, unconstitutional, recipe for lawlessness’ http://www.youtube.com/watch?v=BssHWJcx4B4.

The reasoning behind the attacks on Sotomayor is that just by uttering such comments, and more than once and in public, she has shown herself to be a blatant racist who should be disqualified from the Supreme Court bench.

But in essence, was Sotomayor not saying the obvious, that a person's experiences influence how he or she sees the world? And if anyone reads Sotomayor's 2001 speech over again, they can see that the prevailing media discussion on that quote is totally misleading.

Blogger Jason Linkins argues the same at http://www.huffingtonpost.com/2009/06/03/media-enabling-race-based_n_210811.html: “Her point was that people's backgrounds affect how they see the world. This would seem to be a rather uncontroversial fact of life; justices Sandra Day O'Connor and Samuel Alito made similar statements about their own backgrounds to no great controversy.”

This bears resemblance to Michelle Obama’s case in the run-up to the presidential election late last year. Her comment that “this was the first time I am proud of my country” dominated the media narrative. Parts of the media used this to mount the case that she was an unpatriotic citizen and, by proxy, so too was her husband.

The fact that what she actually said was “this was the first time I am really proud of my country” was conveniently ignored, so too were her later explanations that she was in fact referring to the country’s political process.

Back to Sotomayor. While Judge Sotomayor's life story is an interesting one —born in depressing circumstances in the Bronx to non-English speaking parents, diagnosed with diabetes at eight, losing a father at nine, Princeton then Yale, marriage then divorce —but it shouldn't be the focus of her nomination to serve on the Supreme Court. The media should instead focus on her intellectual ability, her judicial philosophy, and the nature and quality of her legal experience. But it seems that experience isn't irrelevant.

But all the media wants us to do is condemn her as an unwise Latina woman.

5 comments:

  1. What is at the heart of this argument? Listen to the Rhetoric. What is the media want the public to know or how are they framing the issue? That is the key....Is that a bigger concern?

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  2. Idriss,

    I like this post. I have to admit I don’t know much about Sotomayer. I’ve been so busy lately I haven’t been keeping up with current events as much as I should be. The only problem that I have with Obama appointing minorities is I wonder if he is just doing it for diversity’s sake, which would be a mistake. Putting a Latina on the high court just because she is a Latina would be a mistake if there were someone more qualified than her. I do think we need a Latina, and more minorities represented, but only if they are the most qualified person. I’m going to research her more and try to form an opinion about her.

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  3. Beyond my general views of Fox News and Rush Limbaugh, I find the general focus by the media on Sotomayor's race and innocent comment to be extremely distasteful and incredibly backward.

    Are we still at a point in our country's history where we find the idea of a smart woman, let alone a Hispanic woman, frightening?!

    I can't find in her comments where they are able to call her a racist. She simply expressed that her experiences are able to give her a different outlook than other people, no different than how any person, judge or not, should see themselves. I would like to think this is why the founding fathers set up the judicial system like they did, so that at the Supreme Court level it is not one person making the grand decisions of the land. We get nine different points of view and a decision is made between them.

    I don't know about other people, but I'd much rather have a diverse group of judges sitting on the Supreme Court rather than a predominantly white anglo-saxon protestant male bench. Before Sotomayor had been nominated, it was rumored one of the prospective judicial nominees was a lesbian. Heaven forbid what the conservative media and talking heads would have done with that one. I think their collective heads may have imploded with the ideas of impending sexual immorality that would fill our country's streets. The fear of "the other" gets stronger when the majority feels a shift in their power structure coming.

    As for Rush Limbaugh and his ilk, they shouldn't really be able to call anyone else racist. Hello pot, this is kettle! It is incredible that he should be able to find such a fault in others without realizing it in himself.

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  4. Hmmm.....qualified or race? When Souter was appointed what was the debate? Was there a debate? Just thinking out lout.

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  5. I think its a shame that the media has led a drawn-out debate on whether Sotomayor is racist or not, and very little focus on her qualifications for the Supreme Court.

    Kevin has asked an interesting question. Does the idea of a smart, independent, Hispanic woman sitting as a Supreme Court justice frighten some people in this country?

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