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Tuesday, May 26, 2009

Sotomayor

My queasiness about identity politics has been expressed here before. Because of Obama's pick of Sotomayor for the Supreme Court much discussion is erupting around this issue.

A few points to make quickly:

1. She seems qualified. I know as little about her as most. We will find out more in the weeks ahead. Thus far I have no reason to believe, she, as a sitting Appeals court judge, is not qualified.

2. I do not like identity policies. It is dangerous in the long term, corrosive and misleading. However, the hundreds of white men who have been chosen as justices before benefited as surely from "identity politics" as more recent elevations of members of minority groups. Expressing concern about identity politics does not negate all of our history in which the only "identity" allowed to move through the system was "white" and "male". (and straight. and mostly Christian) Identity politics cuts both ways. If no woman or minority could move through the systems of power then, of course, there was no concerns about "Identity politics". Only one identify was assumed for any given position.

3. The fact that Sotomayor is a Latina is interesting and inspiring - but is of lesser concern than her qualifications - which, as I said above - she seems to have. I'll watch closely along with many others. As we learn more about her the same rules apply as for anyone else. Where her decisions sound and well considered? Are they within the parameters of precedent and our values?

Obama's pick of Sotomayor is compelling. I look forward to learning more and, as always, the arguments. The inefficiency of the U.S. Constitution is its strength. The executive picks and the congress must assent. Those for and against her must now make their cases. I hope they make them fairly and aggressively.

Final note: I am choosing to ignore the far Right megaphone on this pick for now. Their arguments that I've read or heard so far carry the whiff of racism and sexism. Buzz words like "emotional" are the order of the day. Damaged as I still am from the last election, I, unfortunately, can't read this as anything but pointers to make me fear her gender or ethnicity. If proof emerges that she is driven by emotions that is fair game.Conversely the she is "secretly anti-choice" meme on the Left is odd as hell. Why would Obama pick a a covert anti- Roe agent?

I will peruse sane conservatives who make cogent arguments. There is, no doubt, solid arguments against her. It will be a task to hear truth - but Supreme court picks are supremely important.

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