When Cornyn And Krauthammer Urge A Cool-Off ...

... you know the GOP is in trouble. Here's Charles; here's Cornyn. Charles prefers a principled discussion of identity politics and the law, without calling anyone a racist. Amen. But the Ricci case strikes me as over-reach. All Sotomayor did was adhere to the established precedents. It wasn't up to her to wage a judicial campaign against affirmative action. The system was clear, and as Wiki points out,

On appeal, a three-judge panel of the Second Circuit Court of Appeals (Sotomayor, Pooler and Sack, JJ.) affirmed the district court's ruling in a summary order, without opinion, in February 2008. However, after a suggestion that the court hear the case en banc, the panel withdrew its summary order and in June 2008 issued instead a unanimous per curiam opinion.

The panel's June 2008 per curiam opinion characterized the trial court's decision as "thorough, thoughtful and well-reasoned" while also lamenting that there were "no good alternatives" in the case. The panel expressed sympathy to the plaintiffs' situation, particularly Ricci's, but ultimately concluded that the Civil Service Board was acting to "fulfill its obligations under Title VII [of the Civil Rights Act]". The trial court's opinion was adopted in its entirety by the panel.

As Hilzoy noted, this was an example of judicial modesty, no?

And in this case, she even expressed "empathy" for the white male victim. As for the "wise Latina" speech, you have to look at the entire context, which is far more nuanced than the familar pull-quote. The nuance doesn't get her off the hook, though. The speech is imbued with the kind of boomer pomo smugness that reminds me why I'm not on the left. But that's a great chance, as Charles notes, not to throw around the "racist" or "dumb" or "nasty" canards, but to use the Sotomayor hearings to debate the role of identity and experience in making judicial decisions - issues that came up with the life-story of Clarence Thomas (without which his judicial philosophy makes only partal sense) and the ethnic background of Nino Scalia.

Using the hearings as an opportunity to sing the virtues of trying to overcome one's personal biases in interpreting the law would be a blessing. A mature GOP would leap at the chance.

2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

How to Cook Spaghetti Squash (and Why)

Cooking for yourself is one of the surest ways to eat well. Bestselling author Mark Bittman teaches James Hamblin the recipe that everyone is Googling.

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register.

blog comments powered by Disqus


How to Cook Spaghetti Squash (and Why)

Cooking for yourself is one of the surest ways to eat well.


Before Tinder, a Tree

Looking for your soulmate? Write a letter to the "Bridegroom's Oak" in Germany.


The Health Benefits of Going Outside

People spend too much time indoors. One solution: ecotherapy.


Where High Tech Meets the 1950s

Why did Green Bank, West Virginia, ban wireless signals? For science.


Yes, Quidditch Is Real

How J.K. Rowling's magical sport spread from Hogwarts to college campuses


Would You Live in a Treehouse?

A treehouse can be an ideal office space, vacation rental, and way of reconnecting with your youth.

Just In