Supreme Diversity

A minority goes before the Senate Judiciary Committee as a Supreme Court nominee. The nominee has an amazing personal history – born into poverty, a parent who died while they were young, the other parent persevering and a family who wouldn’t let them give up and who believed in the American Dream. The nominee became the first in their family to attend college and eventually graduated from an Ivy League law school. Clerkships and a legal career follow and soon the nominee becomes a judge, heading up the ladder to a Court of Appeals and is finally tapped by the president.

But wait. Accusations begin to fly about the nominee being a “token” because of race. Interest groups on all sides begin trading accusations and making projections. They worry because the nominee’s race, sex and background may affect their decisions in cases. Cries of racism and sexism become common. Soon partisans are lined up on both sides, and the vote tends to go largely down party lines as expected.

Is this the scenario for Sonia Sotomayor? Well, yes, but I was actually describing the life and nomination of Clarence Thomas. Thomas’ personal background is strikingly similar to Sotomayor’s. This shows you why the cries about diversity on the Court is largely a crock. If you dislike Thomas or Sotomayor, you really don’t give a hoot about their backgrounds or how they will diversify the Court. And once again, I find it illuminating how those who claim one nominee inspires them can be disgusted by another nominee, even if their backgrounds are the same. Cultural diversity is one thing, but diversity of opinion? Forget it. This goes for partisans on both sides.

And for those of you who think Sotomayor will definitely change the ideology of the Court for better or worse, I recommend reading my last post on this subject.