Posted by Ilya Somin:
Sotomayor May be Wrong About Race, but She is No Racist:
http://volokh.com/archives/archive_2009_05_24-2009_05_30.shtml#1243617236


   Legal commentator Stuart Taylor has[1] a good column criticizing
   various conservative pundits - including Rush Limbaugh and New
   Gingrich - who accuse Supreme Court nominee Sonia Sotomayor of being a
   racist.

   Both Taylor and I have been [2]very critical of Judge Sotomayor's 2001
   speech where she claimed that "a wise Latina" judge will generally
   make better decisions than a white male one, and argued that judges
   can often legitimately base decisions in part on their racial or
   ethnic identity. I believe her position is wrong. But it isn't racist.
   Sotomayor did not suggest that whites are an inferior race relative to
   some other group or that they should be denied equal rights or
   relegated to second-class citizenship. Conservatives often rightly
   denounce overblown accusations of racism advanced by leftists. For
   that reason, among many others, it is important that they avoid
   committing the same sin themselves.

   And while we are on this sorry subject, Gingrich also did his
   reputation no favors when he said that "Obama is the greatest living
   example of a reverse racist" in the same statement(quoted by Taylor)
   in which he accused Sotomayor of racism. I think Obama is wrong about
   a great many things. But he pretty clearly isn't a "reverse racist,"
   much less "the greatest living example" of such.

References

   1. http://ninthjustice.nationaljournal.com/2009/05/the-right-should.php
   2. http://volokh.com/archives/archive_2009_05_24-2009_05_30.shtml#1243483882

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