Friday, March 18, 2011

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 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 Caucasian Man with the richness of her experience would more often than not reach a better conclusion than a Latina Woman who hasn’t lived that life.

I wonder if that kind of sexism and racism washes down as well when the inverse is said. That is a quote of Sotomayor with the reverse put on it.

The next war where they have a draft, I want them to just send Latina women. I have no doubt they are up to the task and it is now their turn.

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