Super Mujer: Justice Sonia Sotomayor as a Role Model

When President Barack Obama nominated Justice Sonia Sotomayor a year ago, the debate surrounding her confirmation included a wide array of scrutiny.  Some of the items of discussion were more relevant and more substantive than others.

As the US Supreme Court’s first Latina, third female, and first Type 1 Diabetic to serve on the bench, the greatest amount of focus seemed to fall upon her non-legal, personal history.  Particularly, as this blog has noted, the confirmation hearings concentrated on whether that personal history and her self-identified “Wise Latina”-ness would enhance or detract from her ability to effectively and fairly “say what the law is.”

Nearly a year after her confirmation, the evaluation of the Wise Latina’s first session as a Justice has already begun.  But what if, a year later, we approached the discussion concerning her role on the Court from another direction?  Instead of a debate centered only on Justice Sotomayor’s specific job performance, the discussion might also include the value that comes from choosing a role model that can inspire the underrepresented within the legal community.

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Curb Your Enthusiasm

I’ve met Democratic Party Chair Mike Tate.  Mike was nice enough to speak to my Election Law clase and was candid, informative and entertaining.  I have to confess that I like the guy.

I appreciate that the boys and girls that do this kind of work (on my side as well) aren’t playing beanbag. As a consultant on my side told me, we can’t play nice when the other guys play nasty. I couldn’t argue with her. It’s a classic game of hawks and doves. To paraphrase Justice Scalia, if one side fights freestyle, the other cannot adhere to the Marquis of Queensbury Rules.

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Libertarians and Liberals

It is a peculiar characteristic unique to our country that Americans talk about political issues in constitutional terms, thereby turning every policy debate into an argument over basic principles.  That was my thought when I read about Senate candidate Rand Paul and his “Constitutionalist” view that the federal government has no right to dictate the behavior of private enterprises.  Mr. Paul came under fire last week for suggesting that the Civil Rights Act of 1964 went too far when it prohibited discrimination by private businesses.  You can read more here (astute students in my Constitutional Law class will observe that Mr. Paul inspired one of the questions on my final exam this year).

Paul objects to federal policies regulating business due to his reading of the U.S. Constitution.  His political philosophy might best be characterized as extreme libertarianism.  Following the objectivist principles of Ayn Rand, he argues that the public should be left to their own devices and that greater social benefits will accrue naturally over time from the enlightened (and rational) self-interest of individuals.  Ironically, Paul’s embrace of self-interest as a moral good in itself is directly at odds with the view of the Framers of the Constitution.  The people who designed our constitutional system spent much time criticizing the biases, prejudices, and self-interested motivations of the general public.  The system of government that they created was intended to ameliorate the very aspects of human nature that objectivists like Rand Paul celebrate.

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