This is What Identity Politics Looks Like

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    Sonia Sotomayor has received the unofficial endorsement of the ACLU, but not on the basis of her record on rights and liberties.  Citing her personal story and Puerto Rican descent, ACLU Executive Director Anthony Romero celebrated Sotomayor's nomination in a blog on the ACLU website (and the Huffington Post.)  "My heart swelled with such pride" when he heard of her nomination, Romero gushed, because he is also Puerto Rican and shares a "similar 'pedigree' of sorts" with Judge Sotomayor.  
   
    The ACLU does not officially endorse judicial nominees, as Romero noted, (while stressing his "veneration" for Sotomayor in an official post;) and the organization will issue a report on her record, which is mixed:  In Doninger v Niehoff, a case of great concern to free speech advocates, Sotomayor joined in a decision upholding the power of school administrators to punish students for postings on their personal blogs. (I've written about the case here.)  She is reportedly a fierce proponent of campaign finance restrictions, which the ACLU and other free speech advocates oppose.  And as Emily Bazelon reported at Slate, she persuaded her colleagues to reverse a jury verdict in a case involving apparently abusive police conduct.  But, in the meantime, as we await a comprehensive civil liberties report on Sotomayor, the ACLU executive director's tribute to her, devoid of any caveats or even curiosity about her record, illustrates the problem of identity politics that may continue to dog, although not deter, her confirmation.



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Wendy Kaminer is an author, lawyer, and civil libertarian. She is the author of I'm Dysfunctional, You're Dysfunctional, and a past recipient of a Guggenheim Fellowship. More

Wendy Kaminer is a lawyer and social critic who has been a contributing editor of The Atlantic since 1991. She writes about law, liberty, feminism, religion and popular culture and has written eight books, including Worst InstinctsFree for All; Sleeping with Extra-Terrestrials; and I'm Dysfunctional, You're Dysfunctional. Kaminer worked as a staff attorney in the New York Legal Aid Society and in the New York City Mayor's Office and was awarded a Guggenheim Fellowship in 1993. She is a renowned contrarian who has tackled the issues of censorship and pornography, feminism, pop psychology, gender roles and identities, crime and the criminal-justice system, and gun control. Her articles and reviews have appeared in The Atlantic, The New York Times, The Wall Street Journal, Newsweek, The American Prospect, Dissent, The Nation, The Wilson Quarterly, Free Inquiry, and spiked-online.com. Her commentaries have aired on National Public Radio. She serves on the board of the Bill of Rights Defense Committee, the advisory boards of the Foundation for Individual Rights in Education and the Secular Coalition for America, and is a member of the Massachusetts State Advisory Committee to the U.S. Civil Rights Commission.

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