In his most recent NYT column, occasionally interesting conservative pundit David Brooks came out in support of Sonia Sotomayor and even had some nice things to say about her:
If you look at the whole record, you come away with the impression that Sotomayor is a hard-working, careful-though-unspectacular jurist whose primary commitment is to the law.
She is quite liberal. But there’s little evidence that she is motivated by racialist thinking or an activist attitude.
*****
Looked at in her totality, Sotomayor seems to be a smart, careful, hard-working judicial professional…
*****
[S]he has, over many years, chosen to submit herself to the discipline of the law, and she has not abused its institutions. I hope she’s confirmed.
Phew. I know we were all waiting for Brooks to give the word. I’m sure conservatives across the land will now flock in support of this undeniably qualified SCOTUS nominee. (Or not. Surely not.)
BUT HERE’S THE PROBLEM. Like pretty much every other conservative, Brooks is obsessed with identity politics. (As was I, once upon a time, back when I was a youthful conservative.) It’s not liberals like Sotomayor who talk about race and other such “crude categories” all the time, it’s conservatives. They just can’t get enough of it.
Now, yes, Brooks acknowledges that Sotomayor’s record shows her to be anything but a “racialist” — her legal opinions have been “almost entirely impersonal and deracinated.” But he nonetheless claims that she was scarred by the multiculturalism of the ’70s. If only she’d gone to college before or after that supposedly horrific decade — earlier? like when women and people of color were subjected to overt bigotry? — she would have been fine… if only. And so, now, as a result of that upbringing in the ways of racialism, she gives speeches in which “race and gender take center stage.”
But what is the evidence to back up this allegation? Other than the now-famous (and taken out of context) “wise Latina” comment, there isn’t any. Sure, Sotomayor has spoken to Hispanic groups (she is Hispanic, after all) and has discussed race and ethnicity on numerous occasions, but is it wrong even to mention race and ethnicity? And is it wrong to discuss one’s “identity”?
Brooks even admits that Sotomayor’s judicial record is admirably non-racialist and non-activist. In short, there is no evidence, based on her judicial record, to suggest that she was unable to come out of the ’70s “unscarred.” So what is the point of Brooks’s column other than to take a swipe at Sotomayor that he rejects in the same column, and other than to demonize multiculturalism, still a favourite target of the right?
I am not, I must stress, an advocate for radical multiculturalism, some forms of which I find to be deeply illiberal. But there is no denying that race and ethnicity (and other such “categories,” as if they are nothing but, as if they do not exist in the real world but only in the minds of armchair radicals in the Ivory Tower) are essential elements of both individual and group “identity.” We may long for this not to be the case, but then it is Brooks who is the out-of-touch idealist, he and his fellow conservatives, not those of us who try to understand, and deal with, the world as it really is.
What’s more, I’m sick and tired of what has become an all-too-common component of the attack on Sotomayor, and more broadly a key plank of conservative anti-multiculturalism: namely, that it is not just racialist but racist for people of colour to discuss race and ethnicity, let alone to self-identity along racial and/or ethnic lines.
And it’s more than that, namely, the double standard that applies to people of colour when it comes to race and ethnicity. In this case, a Hispanic woman who talks about her identity (that is, about being a Hispanic woman) is engaging in radical multiculturalism run amok and is, bluntly, not just a racialist but likely a racist as well.
What is behind this is clear: A person of colour — and, indeed, anyone who is not a straight white Christian male, that is, a member of the privileged “majority” (though it’s not a majority, of course) — is fundamentally a product of his or her “identity.” The only way out is to renounce that identity and to pretend not to be what one is — and to embrace conservative ideology, of course. Otherwise, as in this case, the Hispanic woman cannot not be first and foremost a Hispanic woman — and this “identity” must shape who she is, even if there is little to no evidence that it does in terms of her profession.
But how is David Brooks, for example, not a product of his “identity”? How is he not a straight while male? And, more to the point, how are his views not shaped by this identity? For example, how is his anti-multiculturalism, his supposed colour-blindness, not a result of his being a straight white male? It is easy, after all, to denounce colour, that is, race and ethnicity, easy to suggest that race and ethnicity don’t matter, when one is white, when one finds oneself with the “majority,” when one has not been the object of bigotry. (And I say that as a white male myself.) Isn’t it obvious that Brooks’s whole Patio Man / Realtor Mom thing (amusing, but simplistic and misleading), not to mention his whole celebrated Bobo thing (less amusing, but also simplistic and misleading), is the product of a privileged white male suburbanite.
It is arrogant presumptuousness, self-delusion, and stupidity for a white person to think that his or her “whiteness” plays no role whatsoever in his or her views on race, racism, and racialism, but Brooks’s view — a fairly common one on the right — amounts to this: Their racial and ethnic identity matters, ours doesn’t. We don’t even have any such identity, because we’re white. They wallow in their sordid identity, corrupted by it, unable to escape. We’re above it all. (The same is true of gender as well: Women are all about being women, whereas men are above the whole gender thing, able to judge without bias. So, too, sexual orientation. So, too, religion. A Christian is rarely expected to explain being Christian, though this used to be true only of Protestantism: a Roman Catholic like JFK was seen as an agent of the Papacy and required to profess his loyalty to America — that is, it was suspected that he was all about his religious identity.)
Nonsense. And, yes, racism.
David Brooks may back Sotomayor, but he’s still all about the double standard that treats people of color — and people of non-”majority” identity generally — as less than his own kind.
(Cross-posted from The Reaction.)
She's bad for our country right now and here's why:
If you reverse what she said, and insert “white” into where she said “latina”, then the ickyness of the racial slur becomes quite apparent.
The statement really isn't forgiveable as a lower Court judge. That she seeks to sit in the Supreme Court…the radical right will come unglued. [even more than they are now].
I'm sure there are many more qualified judges to choose from, that don't have a history of favoritism towards any particular ethnic group. Maybe the Obama administation could find one? I'm in the middle and I have to flunk Sotomayor also…
Read the flippin' speech! For starters, the “wise Latina” statement is not “out of context”. It in fact encapsulates the context and essence of the speech. Nor is it racist. Another quote that captures the essence of Sotomayor's argument is ” Personal experiences affect the facts that judges choose to see.” Damn straight. Jeeze… spot spouting off and read the speech!
“In our private conversations, Judge Cedarbaum has pointed out to me that seminal decisions in race and sex discrimination cases have come from Supreme Courts composed exclusively of white males. I agree that this is significant but I also choose to emphasize that the people who argued those cases before the Supreme Court which changed the legal landscape ultimately were largely people of color and women. I recall that Justice Thurgood Marshall, Judge Connie Baker Motley, the first black woman appointed to the federal bench, and others of the NAACP argued Brown v. Board of Education. Similarly, Justice Ginsburg, with other women attorneys, was instrumental in advocating and convincing the Court that equality of work required equality in terms and conditions of employment.
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.
Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.
However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see.”
it's pathetic to listen to everyone talk about how easy it is to be white male and how privileged white males are. that is a sham. it might have been so in the past. it no longer is so today. the white male has been urged to disregard his race and refrain from making it part of his identity while all other minorities are encouraged to make race part of their own identities. furthermore, the “privileged white male” is the only one that must fight extra hard to secure a decent education and decent job nowadays. of the thousands of scholarships i have searched for (many of which were supported by the institutions i attended), not once did i come across a scholarship encouraging white males to apply (god forbid, that would be racist). on the other hand, thousands of scholarships exist that make colored race a requirement for consideration. i continue to witness this unfairness as i am looking for government work. i have come across numerous job postings that encourage blacks and hispanics to apply. i wonder what would happen if one of those job listings ever stated that it encouraged white people to apply. the status quo in this country is pathetic and it's a pity that nothing can be done about it. if anyone raises a question to the contrary, the term “racist” is labeled to shut that person up and make them taboo for everyone. sad and pathetic.