Empathy: Sotomayor and Alito not birds of a feather

The MSM and liberal blog sites are attempting to conflate comments SCOTUS nominee Judge Sonia Sotomayor with “similar” comments made by current Justice Sam Alito during his nomination process. Cacophonous cries of GOP hypocrisy can be heard throughout as a major component of the liberal talking points. Don’t believe it.

It is true that during his confirmation hearings, Alito said, “When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” Does this statement suggest Alito has empathy? Sure, and there’s nothing to apologize for. As I’ve said in previous posts, judges are not automatons and the act of judging is not a series of precise, mechanical calculations.

Moreover, context, as always, is key. Alito’s statement was part of a longer response to a specific question from Sen. Tom Coburn, R-OK about “Sam Alito, and what he cares about, and let us see a little bit of your heart and what’s important to you in life”. Neither the question nor the answer was designed to seek information about Alito’s judicial philosophy. Alito also responded that he thinks of his own children when he is presented with a case involving children, his immigrant ancestors when deciding a case involving immigration, and disabled friends when a disability discrimination case comes his way. So, he’s human. Duh.

Note, however, the middle part of Alito’s answer most libs leave out: “And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result.” In other words, Alito is not saying that his feelings, heritage and upbringing are insignificant or the guiding forces in his decision making. They are merely a factor as he applies the law and are not a basis for bending the law to fit his feelings.

Compare Alito’s comments and their context with those by Judge Sotomayor. She delivered her quip that she, as a “wise Latina woman” would make better decisions than a white man, during a speech the UC Berkeley law school in 2001. Throughout the speech, Sotomayor stressed the significance of her past, upbringing, sex and ethnic heritage—sounds a bit Alito-esque, right?

Not really. She gave the address at symposium called "Raising the Bar: Latino and Latina Presence in the Judiciary and the Struggle for Representation" and sponsored by La Raza—yes, the same La Raza that, for example, opposes a border fence and other security and illegal immigration measures, and supports driver licenses and in-state tuition breaks for illegals. Certainly a friendly audience for Judge Sotomayor to share her true feelings on race and gender. The entire tenor of her speech was a reflection on the revolutionary impact women and minority judges are having and will have in changing how cases are decided if we can just get more of them on the bench. Don’t believe me? Read the speech and see for yourself.

Her words speak for themselves. For example, in a challenge to another judge’s earlier remarks, Judge Sotomayor wonders whether the goal that “judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law…is possible in all or even in most cases.”

In other words, Judge Sotomayor questions whether judges can ever use the law with fairness and integrity. Nothing remotely this radical can be read into Alito’s comments.

Given Judge Sotomayor’s membership in La Raza, her articulated views, her obvious bias now is being dismissed as poorly chosen words—though completely scripted for that specific occasion—and her documented problems with judicial temperament, it isn’t a stretch to think that Justice Sotomayor would use her racial identity and empathy to reach conclusions driven by those qualities instead of the rule of law.

The comments of Alito and Sotomayor are not the same. And when you see the difference, who would you rather be your judge? If you are anything but a liberal minority, does Sotomayor sound like someone you want judging your case?