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Sunday, May 31, 2009
Charles Krauthammer wrote a fantastic column this week regarding the SCOTUS nominee, Sonia Sotomayor. He says that conservative Republicans should ask deep and penetrating questions into substantive issues, then vote to confirm (assuming nothing really awful comes to light).
Sonia Sotomayor has a classic American story. So does Frank Ricci.

Ricci is a New Haven firefighter stationed seven blocks from where Sotomayor went to law school (Yale). Raised in blue-collar Wallingford, Conn., Ricci struggled as a C and D student in public schools ill-prepared to address his serious learning disabilities. Nonetheless he persevered, becoming a junior firefighter and Connecticut's youngest certified EMT.

After studying fire science at a community college, he became a New Haven "truckie," the guy who puts up ladders and breaks holes in burning buildings. When his department announced exams for promotions, he spent $1,000 on books, quit his second job so he could study eight to 13 hours a day, and, because of his dyslexia, hired someone to read him the material.

He placed sixth on the lieutenant's exam, which qualified him for promotion. Except that the exams were thrown out by the city, and all promotions denied, because no blacks had scored high enough to be promoted.

Ricci (with 19 others) sued.

That's where these two American stories intersect. Sotomayor was a member of the three-member circuit court panel that upheld the dismissal of his case, thus denying Ricci his promotion.
...
Two things are sure to happen this summer: The Supreme Court will overturn Sotomayor's panel's ruling. And, barring some huge hidden scandal, Sotomayor will be elevated to that same Supreme Court.

What should a principled conservative do? Use the upcoming hearings not to deny her the seat, but to illuminate her views. No magazine gossip from anonymous court clerks. No "temperament" insinuations. Nothing ad hominem. The argument should be elevated, respectful and entirely about judicial philosophy.

On the Ricci case. And on her statements about the inherent differences between groups, and the superior wisdom she believes her Latina physiology, culture and background grant her over a white male judge. They perfectly reflect the Democrats' enthrallment with identity politics, which assigns free citizens to ethnic and racial groups possessing a hierarchy of wisdom and entitled to a hierarchy of claims upon society.

Sotomayor shares President Obama's vision of empathy as lying at the heart of judicial decision-making -- sympathetic concern for litigants' background and current circumstances, and for how any judicial decision would affect their lives.

Since the 2008 election, people have been asking what conservatism stands for. Well, if nothing else, it stands unequivocally against justice as empathy -- and unequivocally for the principle of blind justice.

Empathy is a vital virtue to be exercised in private life -- through charity, respect and lovingkindness -- and in the legislative life of a society where the consequences of any law matter greatly, which is why income taxes are progressive and safety nets built for the poor and disadvantaged.

But all that stops at the courthouse door. Figuratively and literally, justice wears a blindfold. It cannot be a respecter of persons. Everyone must stand equally before the law, black or white, rich or poor, advantaged or not.
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When the hearings begin, Republicans should call Frank Ricci as their first witness. Democrats want justice rooted in empathy? Let Ricci tell his story and let the American people judge whether his promotion should have been denied because of his skin color in a procedure Sotomayor joined in calling "facially race-neutral."

Make the case for individual vs. group rights, for justice vs. empathy. Then vote to confirm Sotomayor solely on the grounds -- consistently violated by the Democrats, including Sen. Obama -- that a president is entitled to deference on his Supreme Court nominees, particularly one who so thoroughly reflects the mainstream views of the winning party. Elections have consequences.

Vote Democratic and you get mainstream liberalism: A judicially mandated racial spoils system and a jurisprudence of empathy that hinges on which litigant is less "advantaged."

A teaching moment, as liberals like to say. Clarifying and politically potent. Seize it.

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Darius' book montage

The Cross Centered Life: Keeping the Gospel The Main Thing
Crazy Love: Overwhelmed by a Relentless God
Overcoming Sin and Temptation
According to Plan: The Unfolding Revelation of God in the Bible
Disciplines of a Godly Man
Money, Greed, and God: Why Capitalism Is the Solution and Not the Problem
When Helping Hurts: Alleviating Poverty Without Hurting the Poor. . .and Ourselves
The Prodigal God: Recovering the Heart of the Christian Faith
Respectable Sins
The Kite Runner
Life Laid Bare: The Survivors in Rwanda Speak
Machete Season: The Killers in Rwanda Speak
A Generous Orthodoxy: Why I am a missional, evangelical, post/protestant, liberal/conservative, mystical/poetic, biblical, charismatic/contemplative, fundamentalist/calvinist, ... anabaptist/anglican, metho
Show Them No Mercy
The Lord of the Rings
Life at the Bottom: The Worldview That Makes the Underclass
The Truth War: Fighting for Certainty in an Age of Deception
Cool It: The Skeptical Environmentalist's Guide to Global Warming
The Chronicles of Narnia
Les Misérables


Darius Teichroew's favorite books »