rssSotomayor’s ‘Controversial’ Comments Backed Up By Academic Research
Tuesday, May 26, 2009 at 3:15 pm
- 29 Comments
One of the things that most infuriates conservative commentators like Michelle Malkin and Stuart Taylor about Supreme Court nominee Sonia Sotomayor is that in delivering a 2002 speech at UC-Berkeley, the judge said that “our experiences as women and people of color affect our decisions” and that “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.”
If, deprived of their context, these statements sound controversial, in the context of her lecture, titled “A Latina Judge’s Voice,” they made perfect sense.
Sotomayor’s view that judges are influenced by their background and experiences is backed up by studies that show that women judges, for example, tend to rule in a way that’s more sympathetic to plaintiffs in employment discrimination cases than male judges do — probably because, having experienced discrimination themselves as they struggled to advance in a male-dominated profession, they’re more attuned to its signs.
A recent study by political scientists and law professors Christina Boyd, Lee Epstein and Andrew Martin, for example, found that “female judges are approximately 10 percent more likely to rule in favor of the party bringing the discrimination claim,” as two of the authors wrote recently in The Washington Post. What’s more, they wrote, “[w]e also found that the presence of a female judge causes male judges to vote differently. When male and female judges serve together to decide a sex discrimination case, the male judges are nearly 15 percent more likely to rule in favor of the party alleging discrimination than when they sit with male judges only.”
Sotomayor, in her 2002 lecture, similarly noted that “The Judicature Journal has at least two excellent studies on how women on the courts of appeal and state supreme courts have tended to vote more often than their male counterpart to uphold women’s claims in sex discrimination cases and criminal defendants’ claims in search and seizure cases.”
“As recognized by legal scholars,” she continued, “whatever the reason, not one woman or person of color in any one position but as a group we will have an effect on the development of the law and on judging.”
While Sotomayor’s comments, taken out of context, provide fodder for her right-wing critics, it’s worth noting that the judge has the evidence on her side.
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29 Comments
Comment posted May 26, 2009 @ 12:42 pm
It's not completely obvious that a judge rules based on life experience? A Hispanic woman is clearly going to view the world differently than a white male and her cases will be judged accordingly. There is no perfect set of judges who all think exactly the same, because that wouldn't be perfect, anyway. Diversity is something needed by all things in order to thrive.
http://www.newsy.com/videos/perspectives_on_oba…
Comment posted May 26, 2009 @ 1:02 pm
Most of Sotomayors “controversial” statements seem to be stating well-known truths, and then people pretend to be outraged. Like of course judicial opinions are often essentially laws. Hint: Miranda was the name of a defendant, not some congressperson who decided police needed to list rights.
Reminds me of the faux outrage over Howard Dean's comments that the Iowa caucus is undemocratic.
Comment posted May 26, 2009 @ 3:01 pm
So, Sotomayor's support for bias is backed up by a study showing bias? Don't worry! It's the good kind of bias!
Comment posted May 26, 2009 @ 9:54 pm
“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.”
Even not seeing the above quote within context, I understand the gist. Notwithstanding the obvious entitlement offered by 'white privilege' to those totally oblivious to those who are not them – white males – women and/or those of color understand the difficulty in being recognized and accepted for who they are. Their lives are different; their experiences are different.
As for the study: could it not be that the women jurists convince the men jurists of certain points of law that relate to the case rather than ruling in favor of the plaintiff because they are women. Ginsberg is reportedly to have said in relation to the 13 year-old girl who was strip searched that the female perspective presented to the male perspective a difference that may not have been considered otherwise without the presence of a woman on the court. (paraphrased via my weird thought)
Comment posted May 27, 2009 @ 12:23 am
well america here we go again with this unbelievably ridiculous idea about some conspiracy against the white man. as diverse as this country is and continues to be representation will follow. america the great experiment is still proving to be hell on earth for some but paradise for others. yes i would like to see various groups get represented in all levels of government and its a train that cant be stop because as the new generation comes around mainly minus silly racist sentiments about the other man sorry to say right wingers obama is to sotomayor as change is to america its inevitable guys relax. The fear that the benfits gained by the current make up of the court will go away drives this critique. Stop shakin in ur boots my understanding is that she is very conservative did u guys even research that. Well its a shame to see the racist come out of hiding to somehow disrespect this model american that rose from the concrete jungle jus to save the status quo.
Comment posted May 27, 2009 @ 10:35 am
Wow and if a White male had said this they would have had him thrown out and would never consider him for nomination to the Supreme Court. No matter how you look at it racist is racist.. you can't cover it up.
Comment posted May 27, 2009 @ 4:56 pm
Daphne lacks logic. It is possible that the female judges caused the male judges to vote differently. But, she is assuming that the female judges caused the male judges to “reach a better conclusion.' What is a “better conclusion”. You can not assume that ruling in favor of a party alleging discrimination is a sign that the judge has reached a better conclusion. I am convinced that Daphne is a 3rd grader who believes that in any discrimination suite, the defendent (male) should be found guilty.
Lets be very clear, if a man were to say what Daphne said, he would be considered sexist. What Daphne said is sexist. Our country will never progress if people accept the views of people like Daphne.
Comment posted June 9, 2009 @ 11:13 pm
This is a rather odd conclusion. All the evidence shows is that people's race and sex influence their decisions, even when they are judges. It does not show that a particular race or sex reaches “better conclusions” than another, unless you assume that finding for the plaintiff is always a better conclusion.
Of course, we all know that women and men tend to think differently in various areas, and that women are more empathetic, and men more … oops,… almost had a Larry Summers moment.
Comment posted June 14, 2009 @ 5:44 pm
“female judges are approximately 10 percent more likely to rule in favor of the party bringing the discrimination claim”
I wonder what the 17 New Haven Firefighters think about this study. Never mind, when its a white guy, its called 'affirmative action'. The days of individuality are long gone. We have entered the age of collectivism. No longer are we seen for what we are, instead we're all lumped in a specific demographic. Sonia Sotomayor will most likely be confirmed which is good for every demographic except for one: White Men. Why should I complain? Not only am I the 'privileged' class, I've also been deemed politically incorrect. I'm the oppressor, the cause for every problem throughout this country. I guess payback is a bitch. Unfortunately every white boy born from here on in will also have to pay the price. I'm unapologetic about my comments because I have not been infected with white guilt.
Comment posted June 15, 2009 @ 12:44 am
“female judges are approximately 10 percent more likely to rule in favor of the party bringing the discrimination claim”
I wonder what the 17 New Haven Firefighters think about this study. Never mind, when its a white guy, its called 'affirmative action'. The days of individuality are long gone. We have entered the age of collectivism. No longer are we seen for what we are, instead we're all lumped in a specific demographic. Sonia Sotomayor will most likely be confirmed which is good for every demographic except for one: White Men. Why should I complain? Not only am I the 'privileged' class, I've also been deemed politically incorrect. I'm the oppressor, the cause for every problem throughout this country. I guess payback is a bitch. Unfortunately every white boy born from here on in will also have to pay the price. I'm unapologetic about my comments because I have not been infected with white guilt.
Comment posted July 17, 2009 @ 5:59 pm
If you have received the benefits of said oppression for all of these years without consequence why then shouldnt you get some of the grief??
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Comment posted August 26, 2010 @ 12:36 am
While Sotomayor’s comments, taken out of context, provide fodder for her right-wing critics, it’s worth noting that the judge has the evidence on her side.
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