Tuesday, July 21, 2009

The Supreme Court is not about diversity

I read with interest an opinion column by Cynthia Tucker, the editorial page editor of the Atlanta Journal-Constitution. She uses the same liberal talking points concerning Judge Sotomayor's 'American success story' that we have heard from the beginning. Tucker speaks of Sotomayor's hard work, determination, sacrifice, poverty, personal tragedy, and ancestry. Apparently, Tucker is not familiar with Justice Clarence Thomas and his upbringing (if you have not read the book, My Grandfather's Son, I encourage you to read it). His story is just as (if not more) compelling. But that does nothing to qualify one to sit on the Supreme Court.

She then goes on to criticize Republicans who oppose Sotomayor's nomination because "she represents the activist-judge liberal-elite", according to Tucker. All you need to do is review the now infamous firefighter's case that the Supreme Court just overturned to see that she is an activist, liberal judge. In the past, she has also stated that law is made at the Federal Court level. I think she fits the definition of an activist judge.

Tucker states that many Republicans will oppose any judge that a Democrat President will nominate. This happened throughout the Bush Presidency with Democrats in the Senate - they opposed just about everyone, including Miguel Estrada. President Bush nominated Estrada to sit on the bench, but the Democrats filibustered his nomination any chance that they had. In fact, there were memos revealed that stated the Democrats were against him simply because he was Hispanic and nominated by Bush, and they thought a Democrat President should be the first person to nominate an Hispanic person to such a position. Racism? Yes, it is, but the Democrats actually had some Republican staffers fired for leaking the memos instead of answering for what the memos said.

Tucker then plays the race card, which is her expertise. She states that "there is a less articulated but equally intense reaction to Sotomayor on the right that has nothing to do with issues and everything to do with ethnicity." What? Is this woman serious? I have not seen anyone mention her ethnicity except for the liberal elites, whether in Congress or in the press. The Republicans have opposed this woman on ideological grounds. To them, it has been about her decisions and her judicial temperament. It has been about her legal beliefs and what her view of the role of the judiciary happens to be. It was Sotomayor who said that wise Latina women will make better decisions than men. No one made that up. She said it. It is the liberals that want race to become the issue.

Tucker then spouts off about Pat Buchanan and a column that he wrote. Buchanan, in my opinion, has some good things to say, but he is off his rocker in many things he says these days. Anyway, he compares Sotomayor and the positive treatment she gets vs. Sarah Palin, and the treatment that she has been prone to receive. This is definitely a legitimate comparison, as Sotomayor has been praised beyond belief, while Palin has been scorned and derided at every opportunity to do so. Tucker proves this point, and she did not even try to.

Tucker then closes her column with this:

"There's just one problem: That vision of America - a country run by and for God-fearing white people of smalltown heritage - is losing its appeal in a country that grows more diverse and more urban every day.

As long as the Republican Party is held hostage by a group of voters who refuse to let go of that image of America, it cannot hope to be a national party. Sonia Sotomayor, not Sarah Palin, represents the future."

This is nothing but race-bating on Tucker's part. Yes, we are more diverse, and I know no one on the conservative side of the aisle that has a problem with that. What we want is people to hold important positions who are qualified to be there. Race does not enter into the equation. One's ability to do the job correctly is what matters. It is the liberal establishment that is concerned about race and diversity, not the conservatives.

Where were the liberals when President Bush had the most diverse Cabinet in history? They were too busy saying that minorities sold out to conservatives. Where were they in supporting the Voting Rights Act and during the Civil Rights movement? They were trying to filibuster the legislation. Where were they in support of Lynn Swann? Or Ken Blackwell? Or Michael Steele? Oh, that's right, they were supporting the white guys that were running against them.

And I believe Sarah Palin has a lot of support. In the latest polls, she is only a few points behind the President in a theoretical 2012 head-to-head Presidential race. Palin is popular, and she also has a very compelling life story.

So, in summation, conservatives care about qualifications of those being appointed, not their race, not their life story. It is the liberals who are interested in diversity at the expense of qualifications and ability to do the job. Being a justice on the Supreme Court carries a lot of power and responsibility. It should only be those who have the qualifications who should serve on this most prestigious bench. All other characteristics should be cast aside.

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