On Fri, Jul 17, 2009 at 12:08 PM, Gruss G wrote:

>
> What some people fear is that we won't be able to draw a line in the
> sand to say when that discrimination is over and everything going
> forward is meritocratic and therefore we'll to solve the historic
> imbalance we'll bring in lesser qualified candidates.  Critics charge
> Judge Sotomayor is such a candidate.
>
> It's a legitimate fear in general, but not in this case in my opinion.
>

I don't think that's the fear, so much as as there is a fear of reverse
discrimination - i.e. taking revenge on "the man" for centuries of
discrimination, which is why the Ricci case touched such a nerve. On the one
hand, mainstream white society has been moving slowly but surely over the
last fifty years toward an acceptance of equality. On the other hand, some
minority interest groups have spent the past several decades promoting the
idea not of equality but of a power struggle with the white majority.

Now that Obama is President, some of the more radical elements in these
groups seem to feel it is time to "get theirs", and that "getting theirs"
inevitably means taking it away from the white majority. It is an
unfortunate offshoot of this power struggle that has led this narrow group
of people to believe not in wealth creation but in wealth re-distribution,
essentially legalized theft by the government. Sure, there is a very good
argument to make that legalized theft by the white majority resulted in far
lower living standards for minorities than would have otherwise been the
case, but two wrongs, so the saying goes, do not make a right.

At the same time, if we are being intellectually honest, we must recognize
that minorities still face obstacles that non-minorities do not, and that
African-Americans in particular face special burdens in our society because
of our history of slavery and racism. Where do we draw the line on helping
those who were discriminated against in the past at the expense of people
who did not participate in systemic discrimination? Do we punish the
children for the sins of the father? We will struggle with that question for
decades.

In the particular case of Sotomayor, she is clearly a first-rate jurist and
will be fine on the Court. I hear moaning on the Right that she may become
another Ruth Bader Ginsburg, but last time I checked Ginsburg has been on
the Court for years and the universe has yet to implode, so those complaints
ring hollow to me, just as the moaning on the Left about Alito and Scalia
rings hollow.


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