Sotomayor Disagrees With Self
I understand that words and their meanings can be imprecise, can change over time, etc. However, the following meanings would seem difficult to reconcile under any reasonable interpretation of the language.
From Sotomayor’s testimony today (in reference to the “wise Latina” speech):
I want to state up front, unequivocally and without doubt, I do not believe that any ethnic, racial or gender group has an advantage in sound judging. I do believe that every person has an equal opportunity to be a good and wise judge regardless of their background or life experiences.
What — the words that I use, I used agreeing with the sentiment that Justice Sandra Day O’Connor was attempting to convey. I understood that sentiment to be what I just spoke about, which is that both men and women were equally capable of being wise and fair judges.
Then, there is the speech in question:
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.
[emphasis mine in both quotes]
So, there you have it–agreeing and disagreeing about the same thing. Unless you can divorce the sentiment from the statement (which would seem hard for you and me, but perhaps not so much for a wise Latina).
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