a sotomayor celebration and a few riffs

In a country that prides itself on being a melting pot, the city on the hill, the land of the free and the home of the brave--a working democracy--it is both worth celebrating and a sobering moment that the Senate has confirmed our first Latinoa for the Supreme Court. On one side, the democrats focused on her biography of rising from Puerto Rican single mother parent beginnings to successful academic careers at two Ivy League institutions (yes, Yale is making a very big deal of this), her experience as a proscecutor and corporate lawyer, and 17 years as a district and appeals court judge. On the other, the major of republican senators described her as a judicial activists and criticized several speeches she made about foreign law and judicial diversity ("wise Latina judge") and her votes on cases involving Second Amendment rights, property rights, and a racial discrimination claim brought by White firefighters here in New Haven.

As I have followed this debate, it has struck me how ironic it is that liberal-leaning judges are labeled "activist" and conservative-leaning judges are labeled "fair." These are labels that are, to my mind, ridiculous. The law has always been a complex terrain for Black folk in the United States as well as other darker skinned peoples. Although a common strategy in Black political, social, and moral thought has been to appeal to the founding documents of this nation--the Declaration of Independence, the Bill of Rights, the Consitution--in an attempt to call this nation to live out it ideals of justice and liberty for all; far too many daily interactions with the law are problematic if not deadly and we experience a two steps forward, one step back reality when it comes to our civil rights in the legal arena.

I have found some of the rulings from all levels of the judiary that come from many "fair" conservative judges to be biased and siding with the tradition of White supremacy, heterosexism, and class elitism that is also a part of the founding history and enduring practices of this country. It would seem from this brief litmus test, that "fair" to one person or group who feels its interests and perspectives have been protected and legitimized can be deadly to those who still feel as though they are climbing the high side of misery. Those of you who are legal scholars can do a much better job than I can in describing this history as the work of critical race theory has shown.

For my part, I celebrate Judge Sotomayor's judicial record, her honesty about the ways in which all judges should be aware that their personal narratives are a part of what they must contend with and try not to let overwhelm judicial prudence, and her pride in and respect for her family (which one of us could not resonate with having your mama there with you at your confirmation hearings?). I wish her well as being "the first" is never easy although it can be exhilirating and important as we continue our shuffle toward a more perfect union and continue to cling to the hope that we can create a genuine democracy...the Lord willing and the creek don't rise.