There was an article in The New York Times Sunday (“The Waves Minority Judges Always Make.”) about the effect of a minority judge sitting on the Courts of Appeal and the Supreme Court. It is an excellent argument for the need for diversity on the Bench. All judges form opinions based on their life experiences, just as all jurors do. It’s as unavoidable as it is undeniable. Justices Scalia and Thomas have previously acknowledged this. Having a woman like Judge Sotomayor on the Supreme Court will help the Court avoid miscarriages of justice such as their recent decision to eviscerate the protection of women in wage discriminations cases. Even Sandra Day-O’Conner tried to educate her fellow Justices on women’s issues.
Some people apparently lose sight of the fact that the law is as much a means of establishing justice as it is a way of maintaining order. Sen. Lindsey Graham of South Carolina put his finger on the real issue regarding the hypocritical, if not overtly sexist/racist GOP attacks on Judge Sotomayor: the Republicans have a base to “entertain”. What an indictment of the GOP! They care more about entertaining their “base” than what is good for the Country. Small wonder that the GOP appeals to its only remaining base: white, Southern, males.