Monday, July 13, 2009

Acknowledging your Biases makes you a Slave of Them

Or such is the theme of Mario Diaz's latest article.
“Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.” — Judge Sonia Sotomayor, October 26, 2001 speech at the University of California–Berkley.

Really? So now judges are supposed to ignore facts because they don’t comport with their heritage? As a Hispanic, I can proudly say Judge Sotomayor’s views do not represent my views or those of the Hispanic community in which I participate. Do you want to know what we believe in? We believe in justice, fairness, freedom, and equality. I have never met a Latino who thinks he is wiser than a white person because he is a Latino. Sotomayor stands alone on that one.

Although I proudly join her in celebrating her heritage, I strongly disagree with her judicial philosophy. I believe judges must look away from personal heritage and look to the rule of law. Judge Sotomayor’s own words indicate that she is incapable of doing this. Therefore, senators should not confirm her to the Supreme Court.
I have to Say Diaz sounds like kind of a twit for advancing this argument. She clearly is talking about how biases affect all of us, not saying that she would abandon facts or the law in favor of her biases. I mean this isn't even really an example of someone taking something out of context; this is Diaz quoting what Sotomayor said and pretending it means something else.

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