Celebrating Unequal Justice

In math 2+2=4. In law, it depends on race, ethicity and gender. Paul Mirengoff explains why this may not be a good thing.

[So]...what is the problem with Judge Sotomayor's claims on behalf of "wise Latina" judges?

There are at least two. The first is chauvinism (or "racism" and "sexism" as some would call it). Sotomayor isn't just saying that Latina life experiences produce differences in outlook; she's asserting that these experiences cause Latina judges to be superior, other things being equal, to white male judges. It's difficult to see how the self-conscious exaltation of the experiences of one ethnic group over those of another can be reconciled with the even-handed administration of justice.

Second, in her "wise Latina" statement and others she has made, Sotomayor seems to celebrate the prospect that judges will reach different decisions based on race, ethnicity, and gender. The resulting "luck-of-the-draw" justice and difficulty in knowing/predicting what the law is/will be doesn't seem to bother her much.