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Sotormayor Didn't "Misspeak"

Lanny Davis and his cohort concern troll Sotomayor: “She misspoke,” said Lanny Davis, a White House lawyer and spokesman for President Bill Clint

Lanny Davis and his cohort concern troll Sotomayor:

“She misspoke,” said Lanny Davis, a White House lawyer and spokesman for President Bill Clinton. “Every day that goes by that they don’t say she misspoke and she used the wrong words ... they just feed it and give it life and give Rush [Limbaugh] and [Sean] Hannity more airtime unnecessarily.”

This, of course, is about her 2001 speech on the impact of her Latino identity on her performance on the federal bench. Her remarks are insightful, thoughtful, even brilliant. Davis & Co. are typically craven to suggest disavowal in the face of ignorant mau-mauing from the right. Here's the relevant part of the speech, for those who haven't had the chance to read its entirety:

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 not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. 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 Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.

Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.

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