Sotomayor Confirmation: ‘Momentous Step Forward for the Court and Our Country’
The Senate confirmed Judge Sonia Sotomayor this afternoon, 68-31, making her the 111th Supreme Court Justice, only the third female Justice, and the first Latina to serve on our nation’s highest court.
As a prosecutor, litigator, and trial and appellate judge, Judge Sotomayor brings more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years.
We applaud President Obama on his successful nomination and laud this momentous step forward for the Court and our country.
Share with us your thoughts about our newest Justice at ConfirmSotomayor.org.
Judge Sotomayor’s nomination and confirmation will be among our discussion topics at a Netroots Nation panel next week at the David L. Lawrence Convention Center in Pittsburgh, Pa.
EJS is coordinating a session on “The Myth of Post-Racial America” on Thursday, August 13, from 9 a.m. to 10:15 a.m.
Panelists include Rinku Sen, President and Executive Director of the Applied Research Center (ARC); Rich Benjamin, Senior Fellow at DEMOS; Annabel Park, director/producer of the upcoming documentary film “9500 Liberty” and moderated by Keith Kamisugi, EJS Director of Communications.
Save the session date and info on Facebook.
Op-Ed: ‘Empathy is important in making judgments’
In an op-ed, “Empathy is important in making judgments,” published by the Oakland Tribune, EJS board member Prof. Margaret Russell, a law professor at Santa Clara University and Marilyn Edelstein, an English professor at the same institution, discuss the notion of empathy in the context of the Sotomayor confirmation hearings:
“Empathy for one party is always prejudice against another.”
Sen. Jeff Sessions, fervid critic of Judge Sonia Sotomayor and President Barack Obama, uttered these startling words in the first hour of the Senate Judiciary Committee confirmation hearings for Sotomayor’s elevation to the U.S. Supreme Court.
As professors who strive to teach students that the understanding of texts and of life is deeply enriched by ethical principles of empathy, conscience and compassion, we were left aghast by the empathy-bashing on national television.
What is empathy, and why are Sessions and other conservative Senators saying such terrible things about it?
Empathy is commonly defined as the ability to imagine, identify with, and potentially share another’s experiences, perspectives and feelings. It is about process, rather than result, and about intellect as well as emotion.
Given that all of us are both shaped and limited by our lived experiences, how can we engage in effective dialogue, debate and analysis unless we try to comprehend how others think and feel?
Empathy is not a trendy or new-fangled invention of Obama, Sotomayor or even contemporary American culture.
Its rich intellectual tradition includes giants of Western political thought like John Stuart Mill, who argued in “On Liberty” that we must understand others’ points of view, right or wrong, to understand, clarify, and, if need be, correct our own positions.
The 19th century British poet Percy Shelley argued that a person, “to be greatly good, must imagine intensely and comprehensively” and must “put himself [or herself] in the place of another and of many others.”
Simplistic equations of empathy with bias woefully misinterpret the nature of both concepts. Genuine empathy requires crossing boundaries of identity and circumstance to find common overarching truths.
Bias stems from the refusal to acknowledge that our world-view is in part limited by our own experiences. Education is one way to eliminate such bias and limitation, and empathy is another. In literature, law and life, the exercise of empathy enlarges our capacity to appreciate and understand the narratives and perspectives of others unlike ourselves.
For judges — especially those who serve on the highest court in the land — the quality of empathy can be an antidote to prejudice, rather than evidence of it. Diversity of backgrounds and life experiences among the nine members of the Supreme Court will increase the likelihood that doctrinally and ethically rigorous exchanges will occur.
The noted legal thinker and Supreme Court justice Oliver Wendell Holmes wrote, “The life of the law has not been logic; it has been experience. “… [L]aw cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.”
Even before he nominated Judge Sotomayor, President Obama created controversy by stating that he considered “the quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential ingredient for arriving at just decisions and outcomes.”
Yet, he was not advocating this so-called empathy standard as the sole or primary criterion for appointment of Supreme Court justices.
Clearly, serving on the highest court in the land requires an exceptional legal mind and record, but also the wisdom to know that empathy is a strength rather than a weakness.
Margaret Russell, an Oakland resident, is a professor of Constitutional Law at Santa Clara University, and board member of the Equal Justice Society and the ACLU. Marilyn Edelstein is an associate professor of English at Santa Clara University.
Session on ‘Myth of Post-Racial America’ at Netroots Nation in Pittsburgh, Aug. 13-16
The Equal Justice Society is proud to support Netroots Nation, the country’s top convention for progressive online activists. The fourth annual gathering of the Netroots (formerly known as the YearlyKos Convention) will be held August 13–16 at the David L. Lawrence Convention Center in Pittsburgh, Pa.
EJS is coordinating a session on “The Myth of Post-Racial America” on Thursday, August 13, from 9 a.m. to 10:15 a.m. Panelists include Rinku Sen, President and Executive Director of the Applied Research Center (ARC); Rich Benjamin, Senior Fellow at DEMOS; Annabel Park, director/producer of the upcoming documentary film “9500 Liberty” and moderated by Keith Kamisugi, EJS Director of Communications. Save the session date and info on Facebook.
Netroots Nation 2009 will include panels led by national and international experts; a progressive film screening series; practical training sessions and workshops; and the most concentrated gathering of progressive bloggers to date.
Past gatherings have included a Presidential Leadership Forum that drew seven Democratic candidates, a surprise visit from Al Gore; an interactive Ask the Speaker session with Nancy Pelosi; and hundreds of panels, roundtables, training sessions, workshops and keynotes.
Contact Keith Kamisugi (kkamisugi@equaljusticesociety.org) for more information on this session or the conference.
Scholarships Available for Bloggers Covering Immigration Issues
As progressives across the country begin strategizing and organizing around comprehensive immigration reform, there’s no better place to connect than this summer’s Netroots Nation convention. With nearly 100 training sessions and panels to choose from, it’s vital that those who write about immigration are well-represented in Pittsburgh.
Do you know someone working at the intersection of new media and immigration, who blogs on the issue, and who needs some help getting to Netroots Nation? If so, tell them to apply for a scholarship!
This year, America’s Voice, an organization committed to supporting a vibrant and independent pro-migrant blogosphere, will send eight immigration bloggers to Pittsburgh to attend the convention. The scholarship includes registration, a travel stipend and shared hotel accommodations.
The America’s Voice and Netroots Nation scholarship selection committee will rely on several unique factors to select contest winners. Above all, we are interested in hearing your personal story and your personal connection to the issue, what drives your work, and why you would like to attend Netroots Nation.
It’s also important that we select people who are not only passionate about blogging and/or online activism, but who bring a unique and underrepresented perspective to the Netroots Nation convention.
The answers that you submit in your application are private, but if selected as a winner, we may ask to publish some of your answers on our website.
Apply now to be a America’s Voice/Netroots Nation 2009 Scholar.
Since time is short and we want to let winners make their travel arrangements, all applications are due by Monday, July 20. Selections will be posted online by August 1, but winners will be contacted via email as soon as they are selected.
Ideologically-Charged Decision in Ricci v. DeStefano Ignores History, Precedent
In a statement issued today on the Supreme Court’s 5-4 decision on Ricci v. DeStefano, Alliance for Justice President Nan Aron said that the “majority’s opinion ignores our nation’s history, rejects precedent, overturns the judgment of local government officials and makes it more difficult for employers to take voluntary steps to break down barriers to equal employment.”
“Continuing its assault on our civil rights laws, the five conservative ideologues on the Supreme Court today rejected long-standing law to weaken Title VII protections for traditional victims of discrimination,” said Aron.
Before the Court issued its ruling, People For the American Way Executive Vice President Marge Baker said that: “Opponents of Judge Sotomayor have gone to great lengths to use the ruling of her panel in Ricci v. DeStefano against her, and they will surely ramp up their efforts if the Supreme Court overturns the Second Circuit. But the simple fact is that the Supreme Court’s ruling, whatever it may be, will not reflect upon Sotomayor’s jurisprudence.
“Sotomayor and her panel colleagues were bound by longstanding precedent and federal law. They applied the law without regard to their personal views and unanimously affirmed the district court ruling. To do anything but would have been judicial activism.
“The full Second Circuit backed up the panel, which came as no surprise. Nearly ten years earlier a Second Circuit panel — consisting of three GOP nominees — reached the same conclusion in a similar case (Hayden v. County of Nassau).
“When a case virtually identical to Ricci came before the Sixth Circuit — Oakley v. Memphis — a panel rejected the plaintiffs’ claims and affirmed the district court ruling. Notably, they did so in an unpublished summary order, and one of the three judges was conservative Bush nominee Richard Allen Griffin.
“In other words, Sotomayor is anything but an outlier. She and the seven other federal judges who decided Ricci and Oakley at the district and circuit levels were unanimous in determining that precedent and federal law required the rejection of the suits.”
Editorial cartoon on Judge Sotomayor has subtext of lynching, stereotypes Latinos
The Oklahoman newspaper printed on Tuesday a racist, sexist and outright offensive “editorial” cartoon.
It depicts Judge Sotomayor strung up by a rope, likening itself to lynching images or a piñata, with President Barack Obama wearing a sombrero, holding a stick and asking a crowd of elephants (Republicans) “Now, who wants to be first?”
The cartoon is captioned “Fiesta time at the confirmation hearing.” See the cartoon here on our ConfirmSotomayor.org blog.
Bittersweet Week: Judge Sotomayor, Prop 8 Upheld, Ron Takaki Passes; Launching ConfirmSotomayor.org
We experienced last week several gut-wrenching and rejoiceful moments.
On Tuesday, May 26, President Barack Obama announced his historic nomination of Judge Sonia Sotomayor to the Supreme Court. On the same morning, the California Supreme Court ruled against marriage equality by upholding Prop. 8. The following day brought news that a preeminent scholar on our nation’s diversity, UC Berkeley professor Ronald Takaki, passed away.
SUPREME COURT NOMINEE JUDGE SONIA SOTOMAYOR
In nominating Judge Sonia Sotomayor to the Supreme Court, President Obama fulfilled a promise to the American people to appoint judges who are well-qualified, grounded in the rule of law and the Constitution, fair-minded and committed to equal justice for all. Judge Sotomayor embodies all these traits.
In the course of a life that began in a housing project in the South Bronx and brought her to the pinnacle of her profession, Judge Sotomayor accumulated more experience on the federal bench than any incoming Supreme Court Justice in the past 100 years, touching nearly every aspect of our legal system.
But Judge Sotomayor’s ethnicity has proven too much of a temptation for the voices of hate and extremism, who instead of looking at her judicial record have launched a vocal rampage that has reached new heights of absurdity, including calling her a “reverse racist” and calling the National Council of La Raza (NCLR) “the Latino KKK without the hoods and nooses.”
Condemn these unacceptable attacks on Latinos and Judge Sotomayor now. Join NLCR and send a message to Chairman Michael Steele of the RNC, House Minority Leader John Boehner, and Senate Minority Leader Mitch McConnell asking them to denounce these statements and restore the nomination process for Judge Sotomayor to a more appropriate and civil discourse.
EJS has also launched a blog and Facebook page in support for Judge Sotomayor. Visit http://ConfirmSotomayor.org and join the Facebook page as a fan. The blog includes a page with information on how you can support Judge Sotomayor.
And if you’re in California, please support our Californians for Fair and Independent Judges coalition so that organizations and individuals here can work together to support Judge Sotomayor’s confirmation. Email Keith Kamisugi at kkamisugi@equaljusticesociety.org for information about joining the coalition.
CALIFORNIA SUPREME COURT RULING ON PROP. 8
The California Supreme Court last Tuesday in a 6-1 vote upheld Prop. 8, the ballot measure discriminating against marriage by same-sex couples.
EJS is relieved the Court protected couples who married before November 5. The presence of thousands of married same-sex couples across California will show that marriage strengthens families and communities and threatens no one.
But by upholding Prop 8, the Court has diminished its legacy as a champion of equality. No minority group should have to defend its right to equality at the ballot. The Court’s decision jeopardizes every minority group in California.
As a racial justice organization, the Equal Justice Society opposes Prop. 8 – not only because it’s the right thing to do, but also because EJS strongly believes in working with others to ensure that the rights of all are expanded, rather than diminished, in our society.
We cannot just pigeonhole Prop. 8 as a ‘gay’ issue. By rolling back the fundamental rights of one group, the Supreme Court’s decision on Prop. 8 casts a threat that now looms over the civil rights of all.
Since the vote on Prop 8, there has been a tidal wave of momentum in favor of full equality. Five states now embrace marriage equality for same-sex couples, and several more are on the brink. We believe that California voters will reverse this injustice at the ballot. California has been a leader in standing up for equality, and it will be again.
Banning same-sex couples from marriage is unfair. Same-sex couples have the same hopes, dreams and concerns for their families as everyone else. They should be allowed the dignity, recognition, and responsibility that come with marriage, just like everyone else.
The fight is not over. Join our friends at the National Center for Lesbian Rights (led by EJS board member Kate Kendall) to receive updates on next steps in this battle for justice.
PROF. RON TAKAKI PASSES AWAY
Ronald Takaki, professor emeritus of ethnic studies at the University of California, Berkeley, and a preeminent scholar of U.S. race relations who taught the University of California’s first black history course, died at his home in Berkeley on Tuesday, May 26, at age 70. He had struggled for years with multiple sclerosis, an autoimmune condition that attacks the central nervous system.
During his more than 40 years at UC Berkeley, Takaki established the nation’s first ethnic studies Ph.D. program as well as UC Berkeley’s American Cultures requirement for graduation, and advised President Clinton in 1997 on his major speech on race.
“Ron Takaki elevated and popularized the study of America’s multiracial past and present like no other scholar, and in doing so had an indelible impact on a generation of students and researchers across the nation and world,” said Don Nakanishi, director of and professor at UCLA’s Asian American Studies Center and a longtime friend of Takaki’s.
Takaki’s 1989 book, “Strangers from a Different Shore: A History of Asian Americans,” was nominated for a Pulitzer Prize.
A descendent of Japanese field workers in Hawai’i, Takaki was acutely attuned to the inequities in Hawai’i's tough and ethnically divided plantation system.
In 1966, he was hired to teach UCLA’s first black history course in the wake of the explosive Watts riots. “I can still remember the smoke rising from Los Angeles and the sound of gunfire – it was a war zone,” he told the San Francisco Chronicle in that same interview.
When a student in the black history class asked him which revolutionary tools he could teach them, Takaki replied: “We’re going to study the history of the U.S. as it relates to African Americans. We’re going to strengthen our critical thinking skills and our writing skills. These can be revolutionary tools if we make them so.”
After five years at UCLA, Takaki returned in 1971 to UC Berkeley as the Department of Ethnic Studies’ first full-time teacher. He became wildly popular, filling auditoriums with hundreds of students hungry for perspectives on the struggles of America’s minority groups, and went on to win the campus’s Distinguished Teaching Award in 1981.
Takaki is survived by his wife, Carol; his three children, Todd of El Cerrito, Calif., Troy of Los Angeles and Dana of Chester, Conn.; and several grandchildren.
Takaki has donated his research and published papers to the Ethnic Studies Library at UC Berkeley. His family asks that, in lieu of flowers, donations be made in Takaki’s name to the Asian Law Caucus in San Francisco. Plans for a campus memorial service are pending.
All of us at the Equal Justice Society mourn Prof. Takaki’s passing and we express our deepest condolences to Ron’s family and friends.
Join a Facebook page launched in tribute to Prof. Takaki.
AFJ Statement on President Obama’s nomination of Judge Sonia Sotomayor to the Supreme Court
The following is a statement from Nan Aron, president of Alliance for Justice, on the nomination of Sonia Sotomayor to the Supreme Court.
We are thrilled with this choice. Sonia Sotomayor will be a strong voice to uphold the Constitution and the law to provide equal justice and protect personal freedoms for everyone in America, regardless of wealth, status, or popularity.
President Obama has nominated a highly qualified candidate with a compelling personal story and outstanding educational credentials. Furthermore, the president is making history by nominating the first Latina to the Supreme Court. Judge Sotomayor has more federal judicial experience than any justice nominated to the Supreme Court in the past 100 years.
Judges make a huge difference in our lives.
Courts protect our air and water, hold corporations accountable, ensure equal opportunity and fair pay, and safeguard our personal freedoms.
This nomination shows that President Obama is appointing judges who understand that the role of the courts is to give everyone a chance to be heard, to stand up for their rights, and get justice.