July 14, 2009

Sotomayor on “Inherent Physiological” Differences of Minority Judges

Good cross examination by Sen. Kyl on Sotomayor’s theory of ethnicity-based judging. Maybe I missed something, but why haven’t any senators asked Sotomayor about the most shocking statements in her Berkeley speech, specifically:
“Whatever the reasons why [judges of color] may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning …” (emphasis added)
“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.” (emphasis added)