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View Diary: Alito: My family's immigrant experience shaped judicial outlook (123 comments)

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  •  George Will needs to stop (2+ / 0-)
    Recommended by:
    mickT, batgirl71

    taking comments out of context. Digby has a great diary on this subject:

    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.

    Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

    http://digbysblog.blogspot.com/...

    •  Accuse Will of being dishonest? (1+ / 0-)
      Recommended by:
      skohayes

      How dare you.

      I mean in the same article he says this:

      Perhaps Sotomayor subscribes to the Thurgood Marshall doctrine: "You do what you think is right and let the law catch up"

      He doesn't put words in her mouth she didn't say. He only implies it. And isn't that just the most honest thing?

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