President Barack Obama has described the nomination of a Supreme Court justice as one of his most solemn responsibilities. He has met his responsibility by appointing a truly extraordinary American and exceptional jurist in his selection of Judge Sonia Sotomayor.
It is beyond question that the president has clearly achieved his stated goal of seeking someone with a rigorous intellect. Judge Sotomayor was valedictorian of her high school graduating class, graduated from Princeton with highest honors and won the Pyne Prize, the highest distinction for the school’s undergraduates. She excelled and served as editor of the law journal at Yale Law School. Her career spans three decades in nearly every aspect of the law, from assistant district attorney in Manhattan to international corporate litigator, to a federal trial judge on the U.S. District Court, and finally to an appellate judge on the Second Circuit Court of Appeals.
Her critics cannot accept the fact that Judge Sotomayor has more overall judicial experience than anyone confirmed for the court in the past 100 years. As a lawyer, I am tremendously impressed by her professional background.
As her nomination moves to the U.S. Senate, Americans will now have an opportunity to learn more thoroughly the background of Judge Sotomayor. Unfortunately, in some circles, this process finds cynics and critics engaging in a desperate attempt to mislead the American people by searching through her written or spoken works, taking them out of context, and then hurling unfair attacks at Judge Sotomayor.
Two such salvos have already been launched. In a speech at the University of California-Berkeley in 2001, Judge Sotomayor is quoted as saying: “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.” Some have been quick to proclaim that she is biased. But these critics did not read her entire speech. Had they made the effort, they would have recognized that it simply extols the value of including diverse voices on our courts.
And they also forget what Judge Samuel Alito said during his confirmation: “When a case comes before me involving, let’s say, someone who is an immigrant . . . I can’t help but think of my own ancestors, because it wasn’t long ago when they were in that position . . . .”
As the president said when he made his nomination, scholarly preparation for Supreme Court justices is absolutely necessary, but so are diverse perspectives borne out of various backgrounds. Sonia Sotomayor will be a tremendous addition to the court, in part because of the wisdom and objectivity she has shown as a judge and because of the personal experience she brings to her colleagues.
In a speech at Duke Law School in 2005, Judge Sotomayor said the court of appeals is where “policy is made.” Some individuals have questioned whether the judge is a judicial activist who seeks to legislate policy preferences from the bench. Again, they have not read her entire speech, nor have they studied her thousands of decisions in which she demonstrates judicial restraint.
Ricci vs. Destafano, currently on review before the Supreme Court, is a perfect case in point. In a highly charged case involving potential reverse discrimination affecting firefighters, Judge Sotomayor joined other Second Circuit judges in expressing sympathies for the plaintiffs but meticulously followed the law.
Sotomayor is not perfect. Lawyers and judges might disagree with her legal conclusions. This disagreement is fair territory for the Senate to explore. But name one judge whose every decision we accept. In Judge Sotomayor, President Obama has nominated a person who is experienced, tenacious, diligent and impartial. She is blessed with an “understanding of how the world works and how ordinary people live.” When confirmed by the U.S. Senate, Judge Sotomayor will likely sit on the bench for 20 years or more, but her imprint on this country will endure for generations thereafter. We should be so fortunate.
Federico Peña was mayor of Denver and secretary of the departments of Transportation and Energy in the Clinton administration.
