Republicans Battle Over and About Sonia Sotomayor's "Racism"
It's been one of those weeks.
First of all, there are a number of important issues that deserve our attention. The only African American U.S. Senator, Roland Burris, finds himself in trouble. (BTW: We believe he should step aside; we called for him not to be seated in the first place amidst dubious charges of racism in the face of which Senate Democratic leaders caved). A White woman in Pennsylvania took off with her kids and used the familiar claim, "a Black guy abducted us." And Ursula Burns (left) became the first ever Black woman to head up a Fortune 500 company (Xerox).But, of course, the story that captured most of our attention this week was the nomination of Judge Sonia Sotomayor to the United States Supreme Court.

As has been widely reported, Sotomayor would be the first Hispanic American to sit on the high court, and she has not been particularly skillful in hiding the fact that 1) she is, in fact, Latina, 2) is aware of her own gender and ethnicity, and 3) has a sophisticated understanding of the way group identity matters in the lives of Americans. Unfortunately, some on the right either sincerely believe that people can be neutral (as opposed to objective) or are acting as if they believe it to try to convince less thoughtful folks that this is an accurate depiction of the human psyche.
The immediate controversy stems from a lecture Sotomayor gave in California in 2001, where she was talking about how her "story" affected her worldview. In the context of this, she said:
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. 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.It is this last sentence (hereafter "the sentence") that has attracted the ire of the usual cast of angry Whites (mostly male + Ann Coulter) who populate the airwaves of overtly conservative media outlets. The refrain is similar and predictable: minorities are stealing their America from them, and someone needs to stand up and say something about it. (For his part, President Obama has unfortunately claimed that "the sentence" constitutes a poor choice of words. Whatever.)
So here is just a partial list of what we saw unfold over the course of the week (for a more comprehensive look, see here and/or see the video that follows):
- Tucker Carlson and Ann Coulter called "the sentence" "a racist statement." Carlson added that it was racist "by any calculation." (Hmm. Not by ours.)
- Glenn Beck called "the sentence" "one of the most outrageous racist remarks he has heard." (Really? One of the most outrageous he has heard? Maybe he should take a look at some of these reactions to a Drudge Report posting about Sotomayor.)
- Pat Buchanan called her "an affirmative action pick" and said that it "appears" that she "believes in reverse discrimination against White males."
- Rush Limbaugh called her, at various points during his five broadcasts this week, "a racist," a "bigot," and a "reverse racist."
Limbaugh, ever the thoughtful contributor to meaningful dialogue about the hegemonic order, was more accurate in his reflection of what is bubbling under the surface. At its root, this is not about Sonia Sotomayor. Some on the left are very concerned with her record on issues like abortion, so it's not like she is an ideological extremist (a leftist Robert Bork, for instance), and it's not like she's not going to be confirmed. It seems clear that more than 60 senators will be willing to vote for cloture if a filibuster is attempted, and clear-headed Republicans understand that not only is opposing the first Hispanic Supreme Court appointment political suicide, but it will not result in Obama naming someone more to their liking anyway (see Senator Mel Martinez's carefully worded press release on the nomination). There is a strong undercurrent of White resentment and the ongoing fear that Obama is out to oppress White people.
Think we're exaggerating? Limbaugh said THIS WEEK that Obama "is the greatest living example of a reverse racist," and Lou Dobbs said that the appointment was "pandering to the Hispanics."
Former U.S. Representative Tom Tancredo (never afraid to criticize racial minorities) told Ed Schultz that Sotomayor "appears to be a racist," and, when asked if he subscribed to Limbaugh's assertion that the way to "get appointed to the Obama Administration" is by "hatin' White people," Tancredo told David Shuster "I don't know. . . I have no idea if they hate White people or not."
See the exchange here. Limbaugh's rant (which is shown in the video) is so ridiculous that it almost doesn't deserve our attention. He claims that Obama wants to make Whites "the new oppressed minority" and that Republicans are going along with it by "moving to the back of the bus" and obliging by drinking only out of designated water fountains. The metaphor is silly and offensive, and making such a parallel reveals his utter lack of understanding of the suffering of generations of people of color. Tancredo goes on to express his frustration of "the suggestion" that because he is White, he cannot comment on the situation. (Recall the similar outrage by Pat Buchanan and Tucker Carlson that we blogged about last year.)
So here is where we are. The truth is that very little of this matters right now because such discourse is firmly on the margins of mainstream political thought, even though the voices espousing the claims are loud and popular in the narrow universe they serve. We still have members of the Ku Klux Klan and there are still neo-Nazi skinheads. Those are the most hateful, bigoted members of our society. There are bigoted people of color who are hateful and resentful of Whites in a way that is similar to the White supremacists in some ways. Just to this side of empathy from these folks are the so-called "wing nuts," who either legitimately do not understand the way power works because they are too blinded by their own racism to wrestle with the difficult questions, or are being intentionally dishonest to stir resentment among Whites in an attempt to gain political advantage. This is most often manifested in the "if the shoe were on the other foot" comparisons that fall apart in the face of historical context.
If everyone started out equally, then it would always be inappropriate to take race, gender, class or sexual orientation into account. Those pining for the "objective," non-activist jurist who "does not see" categories of humanity either honestly believe that all Americans start life equally and are subsequently judged by the content of their character rather than social groupings or understand that making such claims will contribute to the ongoing oppression of minorities. Newt Gingrich invoked the reciprocity fallacy when he stated (immediately after the nomination was made), "Imagine a judicial nominee said ‘[M]y experience as a white man makes me better than a [L]atina woman.’ [N]ew racism is no better than old racism.”
Of course, there is no such thing as "new racism." Such a phrase suggests that racism is an historical artifact -- something that ended with the Civil War or perhaps the dismantling of Jim Crow.
Perhaps Gingrich is referring to prejudice, bigotry, or maybe, as Limbaugh put it, "reverse racism." On those grounds, we agree: it is improper for people to be judged on such characteristics. However, pretending that we are not judged by our race, gender and sexual orientation is foolish at best and malicious at worst. We may strive for such a day, but it is not upon us (sorry, electing a Black president did not end racism either), and arguing that those who are attentive to the way difference matters in America are somehow getting the upper hand in our society is reflective of either intellectual dishonesty or flat out ignorance.
Mainstream Republicans worked to distance themselves from these sorts of statements THIS WEEK, though few that we have heard directly criticized Limbaugh or the other de facto leaders of the conservative movement (if not the Party itself). Consider, for example, Jon Kyle's language from CBS's Face the Nation.
Senator John Cornyn came the closest to a full-on rebuke on ABC's This Week, but fed host George Stephanopoulos the "justice is blind" line, as well:
Maybe it shouldn't, Senator Cornyn, but it does. It matters a lot. It is wonderful for the good senator to wish that it did not (that means he is not a bigot). Martin Luther King wished that (dreamed that), as well.Well, of course, George, the concern is that above the Supreme Court it says "Equal justice under law." And it's doesn't -- shouldn't make any difference what your ethnicity is, what your sex is, or the like.
We would also hope that judges would be, you know, umpires, impartial umpires. And, you know, the focus shouldn't be on the umpire and what their sex or gender is, or their ethnicity.
But wishing something doesn't magically make it come true. This is particularly hard for Whites (and more so for White males) to understand because they have been socialized to believe that the American values of fairness, justice and equality are rooted in empirical reality -- after all, Whites have been successful in every element of society, a fact that is readily apparent to even the most casual observer. If the disproportionate levels of success in the White community are not rooted in hard work and merit, then what could possibly account for the discrepancy? The answer, of course, is systemic imbalance and a fundamental lack of justice, which, naturally, is difficult for Whites to embrace, since it calls into question their privilege.
So calling attention to difference is uncomfortable for anyone who is not attentive to the way power structures a society. In that same broadcast of This Week, George Will noted that Sotomayor:
. . . seems to have affirmed what's called identity politics, which is a main proposition and a subproposition. The main proposition is, that an American is or should be thought of as his or her race, ethnicity, sex, sexual preference, that that should define their political identity. And the subproposition is, called categorical representation. You can only be represented by someone of the same sexual, ethnic, racial group as you are, because only they can understand or empathize with you. That is of no relevance whatever to the court, however, because it's not a representative institution.Will's use of "should" here, is instructive. He uses it to mean that, in the abstract, those of us who subscribe to identity politics believe it to be preferable. That is simply incorrect. It is necessary in this context to take such characteristics into account because they are were consciously taken into account by those who built the system and are subconsciously taken into account by all who are socialized within it.
The subproposition argument is interesting, as well, but Will fails to factor in a fundamental principle of American democracy, articulated most clearly by James Madison in Federalist #10: Democracy is about respecting minority will while also protecting minority rights. The Framers understood that the branches closest to the people will be more likely to support the majority (since they rely on their support for election) and constructed a judiciary that was insulated from direct public pressure so that it could be attentive to minority rights without being punished for it. In fact, that is precisely what has happened. The courts have often been out in front of public opinion and electd officials (ending segregation, gay marriage) in advocating for the rights of those who are in the numerical and power minority.
So while Will is correct that the notion of identity representation is most applicable in the so-called "political" branches, he is mistaken that there is no place for such representation in the judiciary. Further, his suggestion that categorical representation is improper rests on the premise that those who do not possess certain categories can be representative of those who do. We agree with that, but guess what? To do so requires something that conservatives have argued is improper in this very situation: empathy.
Gwen Ifill responded to Will's assertion:
I guess I see it differently. I mean, I've spent the past year talking to a lot of people, who got elected, elected -- black elected officials for a book, and all of them talked about identity politics and defined it differently. They defined it as being -- that being part of what you are, but not all of what you are. And I think that's what the defenders of Sonia Sotomayor are trying to say, which is that her point was, yes, what she is and what we all are shapes us, but it's not all that shapes you.
I always take arguments like this and try to turn them on their heads. And I never hear people say that for a white male, that it's identity politics if he is shaped by his white maleness and by the things that affected his life, and whether privilege affected his life. That's never considered to be a negative. It's only considered to be a negative when ethnicity is involved or race is involved or gender is involved.
This is an interesting idea, and one readers might suspect we oppose given our refusal to allow Whites to use the reciprocity fallacy. But this is a very different proposition because of the unidirectional nature of power (pro-White, pro-male, pro-heterosexual) in our culture. In other words, while it is inappropriate to criticize taking minority interest into account on the grounds that it wouldn't be tolerated the other way around, it is essential to do what Ifill suggests because it is revealing of the belief that Whites often have that they are "without race" or "racially objective." Her assertion is illustrated by Senator Inhoffe's comments THIS WEEK that there needs to be evidence that Sotomayor can "rule fairly without undue influence from her own personal race, gender, or political preferences." Since we do not recall similar calls made about previous justices, the implication is that there needs not be a similar test for White males in this regard -- it's understood that they would act "properly." As the folks at Media Matters and Huffington Post point out, there has been hypocrisy on this point, as no one questioned Justice Alito on his similar statements.
Finally, Ed Gillespie followed Ifill by noting that:
We are all shaped by who we are. We all bring that to the table. I do think, though, the -- you know, the conscious injection that you see, in a lot of her comments, of gender and race is what is causing for concern. And not only -- a little different with politicians, I think, our identity, than with a judge, and with a Supreme Court justice for a lifetime appointment.Conscious injection? Is that the problem? So long as we inject our biases without knowing that we're doing that, it's fine? Consciousness is what is objectionable? Again, it reminds us of the inability of folks to distinguish racism (which resides largely in the subconscious) and bigotry (which is, by definition, conscious). And that, dear friends, is the crux of the problem.
We fear that we have missed yet another opportunity to talk meaningfully about the role of race (and, in this case, gender) in America. As is typical, we have allowed the debate to be reduced to individuals, personalities, and political posturing, when there was an opportunity for real work to be done.
For now, we can simply sit by and watch while some conservatives play on racial resentments as others try to get them to stop without offending these leaders of "the base" (i.e., Limbaugh, Hannity, Beck, Gingrich). When presented with an opportunity to distance himself clearly from Limbaugh's statements on Meet the Press, Senator Jeff Sessions was very careful:
SESSIONS: I don't think I'm going to use any such words as that. I read her speech. I'm troubled by her speech. I think she has an opportunity to explain that. And I don't think we--that I'm going to use such loaded words. People on the outside can say what they choose to say.Wow. That's some nifty tightrope walking. He acknowledges that "we" need to handle race carefully in our culture, but is anxious that Sotomayor will do so on the bench. Why? Why is it possible (advisable) for "us" to be thoughtful about race but a Latina woman cannot? The implicit fairness of Whites makes the point (for anyone attentive enough to notice): There are (often unstated) assumptions about race in America that serve to advantage Whites. If we are uncomfortable with that, we need to fix it -- not by pretending that it is not happening, but by addressing it head on, honestly, with energy, empathy and thoughtfulness.
MR. [David] GREGORY: But wait, but do you make a judgment about that? Do you think they're appropriate?SEN. SESSIONS: I don't think those are words...
MR. GREGORY: You think that's fair?
SEN. SESSIONS: ...that I would use. And I don't think--I don't--they would not be words that I would use.
MR. GREGORY: Right.
SEN. SESSIONS: But we need to focus on what...
MR. GREGORY: Do you think she's a racist?
SEN. SESSIONS: ...she would say.
MR. GREGORY: Do you think she's a racist?
SEN. SESSIONS: I think that she is a person who believes that her background can influence her decision. That's what troubles me.
MR. GREGORY: Right. Right.
SEN. SESSIONS: I would not use those words.
MR. GREGORY: You would not use those words because you don't believe them?
SEN. SESSIONS: I don't think that's an appropriate description of her.
MR. GREGORY: Right. Do you think that conservatives should stop using those words to describe her?
SEN. SESSIONS: I would prefer that they not, but people have a free right to speak and say what they want and make the analogies that they want. This is an important thing. We should not demagogue race. It's an important issue in our culture and our country. We need to handle it with respect that it deserves and the care that it deserves.
Unfortunately, we may be missing yet another opportunity to do so. Here's hoping that the confirmation hearings spark a more honest discussion about race in America than what we witnessed this week.
Labels: Glenn Beck, Hispanic, Jeff Sessions, Latina, Lou Dobbs, Newt Gingrich, racism, Rush Limbaugh, Sean Hannity, Sotomayor





