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A Smile to Set the GOP on Edge

by: Eugene Robinson  |  The Washington Post

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Former House Speaker Newt Gingrich called Supreme Court nominee Sonia Sotomayor a "racist" and suggested she withdraw from consideration. (Photo: AP)

    President Obama's nominee for the Supreme Court, Judge Sonia Sotomayor, is a proud and accomplished Latina. This fact apparently drives some prominent Republicans to a state resembling incoherent, sputtering rage.

    "White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw," former House speaker Newt Gingrich ranted Wednesday on Twitter. My first reaction was that politicians above a certain age should never be left alone in the danger-strewn landscape of social networking. My second thought was: Whoa, Newt, what's that about?

    Rush Limbaugh also - predictably - bellowed endlessly about how Sotomayor was a "reverse racist," and how Obama was one, too. But unlike Gingrich, Limbaugh doesn't ask to be taken seriously. He just asks to be paid.

    Gingrich's outburst was in reaction to a widely publicized, out-of-context quote from a 2001 speech in which Sotomayor mused about how her identity might or might not affect her decisions as a federal judge. Far from being some kind of "racist" screed, the speech was actually a meditation on Sotomayor's personal experience of a universal truth: Who we are inevitably influences what we do.

    Each of us carries through life a unique set of experiences. Sotomayor's happen to be the experiences of a brilliant, high-powered Latina - a Nuyorican who was raised in the projects of the Bronx, graduated summa cum laude from Princeton, edited the Yale Law Journal, worked as a Manhattan prosecutor and a corporate lawyer, and served for 17 years as a federal trial and appellate judge.

    Given that kind of sterling rΓ©sumΓ© - and given that she has, according to presidential adviser David Axelrod, more experience on the federal bench than any Supreme Court nominee in at least 100 years - it's understandable that Republican critics would have to grasp at straws.

    The charge that she's a "judicial activist" finds no basis in her voluminous record. Critics have seized on a ruling she joined in a case called Ricci v. DeStefano, involving a reverse-discrimination claim by a group of white firefighters in New Haven, Conn. But Sotomayor's action in that case is more properly seen as an example of judicial restraint.

    What happened was that the city gave an advancement exam to firefighters, and no African Americans were deemed eligible for promotion. Fearing that it would lose ground in its effort to diversify the leadership of the fire department, and fearing a civil rights lawsuit, the city canceled the exam. The firefighters who passed did not get the promotions they had expected. A U.S. District Court judge ruled that the city government had acted within the law, and a panel of the U.S. Court of Appeals for the 2nd Circuit - including Sotomayor - agreed.

    What Sotomayor's attackers either don't understand or won't acknowledge is that the issue before the court wasn't whether the city of New Haven had acted fairly in canceling the exam but whether it had acted legally. There was ample precedent indicating that the action was, in fact, legal. I thought the whole theory of judicial restraint was that we didn't want unelected judges telling our elected officials what to do. I thought the conservative idea was that judges were just supposed to "call balls and strikes" - which is just what Sotomayor and her colleagues did.

    Ah, but there's always a subtext. Like Sotomayor's 2001 speech, the New Haven case was really about identity - and about power. In both instances, as Sotomayor's critics saw it, minorities were either claiming or obtaining some kind of advantage over white males. Never mind whether this perception has any basis in fact. The very concept seemed to be enough to light a thermonuclear fuse.

    Despite the best efforts of Gingrich, Limbaugh and others, Sotomayor's confirmation process probably won't be about race. Her qualifications are impeccable, her record is moderate and her personality, according to colleagues, is winning. At her confirmation hearings, she'll have the opportunity to supply the missing context for any quote they throw at her. Absent some 11th-hour surprise, I can't imagine that her opponents in the Senate will be able to lay a glove on her.

    I also can't imagine that she'll pretend to be anyone other than who she is. Sonia Sotomayor has made clear that she is proud of her identity, and she offers that pride not as an affront but as an example - not white, not male, not Anglo, not inclined to apologize. She is the new face of America, and she has a dazzling smile.

  

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Comments

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If Newt the Grinch is

If Newt the Grinch is accusing someone, anyone of something, anything - it's most likely because he, himself is guilty of it. All I can say is consider the hypocrit source and take anything he says as the trival political rhetoric that it actually is.

The talking points have been

The talking points have been about racism and the right wing alienating a voting block. Maybe there should be talking points about women and alienation. Some of the comments I have heard have made my caucasian female blood boil. Time to stop granting privilege and authority for a "Y" chromosome and a smaller amount of melanin. Time for the people in power to demonstrate actual credentials and experience.

IAM SO TIRED OF REAL RACIST

IAM SO TIRED OF REAL RACIST PRETENDING THEY ARE OFFENDED WHEN A MINORITY SAY'S THEY THINK THEIR EXPERIENCE WITH HISPANIC OR BLACK SITUATIONS ARE BETTER HANDLED BY THE MINORITY THAT'S BEEN THERE. OF COURSE THAT'S TRUE. I'M BLACK WE HAVE HANDLED THIS BULL FOR ALL OF MY 62 YEARS. FAKE NEWT AND OTHERS WHO REALLY WISH MINORITY'S AND WOMAN KNEW THEIR PLACE. YOUR TIME IS OVER NEWT AND OTHERS WHO THINK LIKE NEWT.

This is the first real

This is the first real explanation I have seen of what the fire fighters case was about. Thank you for putting this out there. I wish it would get out in some other media outlets. I agree with majorityminority and mouthofthesouth -- these accusations are the words of the worst kind of white male arrogance. They are so outrageous, one can hardly believe they are being voiced in public -- by men who should be embarrassed about saying them. It seems they are cheap shots, mostly, confined to the ranting of men who are not holding elected office.

Mr. Gingrich is nothing more

Mr. Gingrich is nothing more than a complete hypocrite, as most everyone should know by now. This, after all, is the man who served his wife divorce papers while she was recovering from cancer surgery and then had the colossal nerve to preach about "family values"!

The Debate That Should Be

The Debate That Should Be Happening It's a sign of how scripted and narrow the political-media spectrum has become, that in all the debate about this nominee, those on the Left and Democrats are not asking the questions that should be asked. Not about abortion, gay rights, or Hipsanic activism, but what is this judge's record and/or position on corporate corruption, violations of civil liberties, wilderness protection, torture, warrantless wiretapping, police brutality, habeus corpus, etc. Notice that nobody is asking how she would rule on these issues? She was a wealthy corporate lawyer and part of the elite class of oligarchs in training who, like Obama, have a few "Liberal" credentials but mainly support capitalism, military-industrial, etc. I could care less about her ethnicity, her childhood, and all that. What I want to know is: will she consistently rule against the power elite? would she have voted for or against George W. Bush when he stole the 2000 election with Scalia's help? would she stand up in fiery dissent against the corporate robots such as the Chief Justice and the mindless fundamentalists such as Clarence Thomas?

Rush Limbaugh and Newt

Rush Limbaugh and Newt Ginrich calling anybody a racist is rich. In their everyday coded language of hate one hears racist rant upon racist rant. Why is it that the right wing and the republican party are the only ones who deem people "activist" judges. Personally, I think Alito, Scalia, Thomas, and Roberts are "activist" judges. No one, especially the Democrats, ever counters the right's "activist" claims.

If the GOP's track record is

If the GOP's track record is any indication (and, of course, it is), they hope to end the nomination by making her life such a living hell, being pecked to death by soundbites from the cuckoo gallery, that she'll say it's not worth it and step away. Wouldn't blame her - look at what happened to poor Al Gore in 2000 and John Kerry in 2004 - but hope she has very thick skin.

Isn't it wonderful how

Isn't it wonderful how Newt's "racism" comments, aimed at rallying his own troops, is managing to bring his opponents together as well. Don't think we don't appreciate the help, Mr. G., and please don't stop.

If the actions of the City

If the actions of the City of New Haven, in cancelling the exams of the firefighters who passed, and denying them the promotions they earned and deserved --- if those actions were legal --- then there is something drastically WRONG with our legal system.

Miguel Estrada. That was the

Miguel Estrada. That was the Hispanic judicial nominee the Democrats derailed, explicitly because he was Hispanic. They did not want a Republican president to get credit for the first Hispanic nominee. They had nothing against them, and relied on innuendo to smear him. So now it's quite rich to see Democrats accusing Republicans of being anti-Hispanic. Republicans are happy to support any Hispanic that believes in defending the Constitution.

The fact that Republicans

The fact that Republicans are rendered apoplectic by an intelligent, accomplished woman who happens to be Latina and proud of it qualifies them as the Special Needs population of this century. Maybe a glass of warm milk and a bedtime story will help.

I don't care about her

I don't care about her ethnicity, or gender, or upbringing. I mean that in a positive way. It does not factor into my opinion of her worthiness as a Supreme Court nominee. I do take issue with the words she used in that comment from the 2001 speech. The wording is ugly. She sounds like a bigot. If she misspoke, then fine, apologize, clarify and move on. I've been in the unfortunate position of being accused of making racist comments when I meant no such thing. However, if she is too arrogant to respond to what many find to be offensive language, then we have a problem. Secondly, I want to find out what her positions are in relation to other very important topics, like civil liberties, and we'll never get to that if this racism issue is not put to bed. Who knows, maybe that's the plan.

Its hard enough to believe

Its hard enough to believe that Limbaugh & Gingrich even exist, much less speak for millions of Americans.

Why didn't you put her

Why didn't you put her picture at the top the article?

Only tradition keeps the

Only tradition keeps the umpire behind the plate in MLB; two cameras could replace him. Technology already overrides all line calls in tennis. This sports metaphor is overrated in judging judges, so I'll use it. If a judge, in a case like New Haven's, was to simply work within the box (strike zone), than imagine the pitcher throwing ten baseballs at a time. New Haven's rights were being re-examined, in appeal, alongside those of the firefighters, with an overlay of all federal and state civil rights laws; make that 20 bb's. We should not be distracted here, and, as David said so well above, we must focus on "the debate that should be".

What a fine, thoughtful,

What a fine, thoughtful, beautifully written piece. Mr. Robinson. Your words, views, be they in print or spoken with Olbermann or Mathews, I listen to with care and respect. And I'm never disappointed. Thank you, sir. You're leading a fine and needed fight.

The wording of her speech

The wording of her speech was not ugly, and not in the least racist. The quote begins with "I would hope that" which is not what you say when you are making a statement of fact--quite the contrary. She talks about a wise Latina, not just a Latina woman. She does not say that all Latina women are wise, nor even thatthey will make better decisions than white men. She hopes. The right deliberately misreads the sentence. And they figure if they can call her comment ugly and racist often enough and in enough places and sound indignant enough long enough, it will work. It's worked in the past. You're lying. You're misrepresenting a simple startement in plain English in order to smear an eminent jurist.

Right out of the play book.

Right out of the play book. The GOP playbook has been in place for decades. Everyone knows every play in the book from memory by now. It's a tit-for-tat struggle for one-upmanship. The problem is that Democrats seem to always act like they didn't see it coming. Are we just deer caught in the headlights? I think the best defense against a double-standard is a history lesson. We know from recent history that, for instance, qualifications NEVER have anything to do with who will eventually occupy a position in government. If a person happens to be well qualified, they will have gotten the job in spite of that fact, rather than because of it. The GOP may only be grasping at straws, but sometimes that's all it takes. Especially when they do it. Especially since they control the mainstream news coverage.

Newt Gingrich is an

Newt Gingrich is an opportunist who tries to pass his opportunism off as intellect.

In response to Orakorf: Her

In response to Orakorf: Her picture is not at the top of the page because the article is not really about her. It's about those responsible for the knee-jerk reaction against her nomination.

"Republicans are happy to

"Republicans are happy to support any Hispanic that believes in defending the constitution," says Anonymous 02:27. Really? I thought the last Republican president said it was "just a piece of paper".

"Politicians above a certain

"Politicians above a certain age"? - Who's the bigot now! Shame on you Robinson. It is amazing how, when passions rise, even the most progressive of us resort to some kind of bigotry disguised as humor. I appeal to the better Angels of the (currently) two parties: Focus on the Bill of Rights - has this nominee been loyal to the Bill of Rights? Let's keep our eye on that question rather than who's party gets gored. Is this person for Federally centralized power, or the power residing closer to We The People - as in with the States, as the Constitution so clearly spells out - read the 10th Amendment. Sotomayor is obviously a very intelligent nominee - let's skip the ad-hominem attacks all around and don't lose sight of the prize - our Liberties - which have been under attack for a long time, and from both parties.

Hey Newtie! Every time you

Hey Newtie! Every time you shoot yourself in the foot it looks like you aimed for your head and missed.

As mouthofthesouth

As mouthofthesouth suggestes, what the Repugnicans are saying about Judge Sotomayor says more about THEM than it does about her. Pots are calling kettles black because they want to blame somebody else for the failures they see but don't like in themselves. It IS true - one's background and experiences DO help one to see - or NOT to see. The men on the Supreme Court have learned how to see. So has the sole woman. It would not hurt to balance the picture a bit. Remember that over 50% of the US population is female. I'm wating for the day when over 50% of the Court is female. That day we'll have equal justice - not until.

I find one thing noticeably

I find one thing noticeably absent from the Sotomayor conversation: why, in the first place, was this woman perceived as an attractive candidate by G. H. W. Bush? I mean, other than her ethnicity, which would obviously woo the Hispanic population to perhaps vote for another Republican president after Bush, why was this "new world order" president ushering THIS WOMAN into such a high position on the Court, as well as set her up for a possible nomination to the Supreme Court? Could it be that the Republicans did not study their candidate thoroughly, that they did not know who they were appointing? (I don't think so.) Could it be, then, because (let's assume a 2 + 2 = 4 logic here) she is is actually a strong conservative? And, finally, would Obama, who has now outed himself completely as a right-wing leaning centrist - who has insulted and disappointed the progressive left on so many issues - realistically appoint a left-wing liberal to the Supreme Court? Let's remember that there has been only one group Obama has ostracized from his "bipartisan" presidential outreach - left- wing liberals who are anti-war, anti-NAFTA, anti-Bailot, and anti-neo/liberal? I think the answer is quite clear as to who has been appointed to the Supreme Court - another unpredictable centrist, like Obama himself, who will favor corporations and the general right wing agenda.

Mr. Robinson, you need to

Mr. Robinson, you need to read Lakoff's piece in yesterday's Truthout, which explains what the Republicans are really doing. Without understanding their rhetorical strategy, which is to demonize terms like "empathy," and affix "race" to Obama and his appointees, you are only preaching to the choir, and, worse, playing their game.

brilliant commentary!

brilliant commentary!