The Judge They FearedRepublicans have worried about a Sotomayor nomination for a long time. They knew that her legal talents and personal story would make it difficult for them to stop her from sitting on the court.
In 1998, then-Senate Majority Leader Trent Lott, Mississippi Republican,
decided to delay the vote on the nomination of Judge Sonia Sotomayor to sit on the United States Court of Appeals for the 2nd Circuit. The reason was simple: Republicans feared that if Judge Sotomayor were quickly seated on the Court of Appeals, she would rise to the top of President Bill Clinton’s shortlist of nominees for the Supreme Court in the event that Justice John Paul Stevens retired. Ultimately Judge Sotomayor was approved for her seat on the Court of Appeals, and 11 years later, she’s been nominated for the Supreme Court.
Why did the Republicans in 1998 so fear the prospect of a Supreme Court Justice Sotomayor? For the same reasons they do today. Sonia Sotomayor is a powerful woman with a powerful story, who represents in many ways the arc of Latino struggle in this country. Her nomination Tuesday by President Barack Obama has the potential to galvanize and strengthen Latino voters in this country and to firmly lock the Latino vote into the Democratic Party column in a way that may be irreversible for a generation or more.
But what should not be lost amid the political calculation is how truly historic and important this nomination is for Latinos, who constitute 15 percent of the U.S. population. The appointment of a Latino to the Supreme Court is long overdue. As the Hispanic National Bar Association pointed out in a recent news release, there are more than 82 Latino federal judges, including 14 on the federal courts of appeal. Nevertheless, Latino lawyers are underrepresented as partners in our nation’s law firms, on law faculties and on the bench.
Moreover, Judge Sotomayor perfectly captures President Obama’s campaign promise to appoint a judge with “empathy,” a word that has been picked over and analyzed in an effort to get away from the irreducible truth that judges are people, too. They have their own experiences and their own stories. And those experiences influence their worldview and their sense of how the law does and should work in the lives of litigants who come before the court.
Judge Sotomayor’s personal story is deeply compelling. In a year when Americans have wrapped their minds around the concept of a black president whose mother was from Kansas and father from Africa, and a first lady who’s the Chicago-bred daughter of a working-class dad and a stay-at-home mom, Judge Sotomayor’s story is another from the central casting office of 21st-century politics. She is the daughter of parents who moved from Puerto Rico to New York, and her childhood was firmly working class. Her father was a laborer, her mother a nurse; they worked hard to send their daughter to private Catholic schools. She dreamed of becoming Nancy Drew and then Perry Mason. A diagnosis of diabetes at age 8 could have restricted her dreams but seems to only have fueled them. She was a bright kid, hardworking like her parents, and ambitious. She went on to Princeton University, and then Yale Law School, where she was an editor of the law review. She distinguished herself as a New York City prosecutor, and later as a partner in a law firm working on copyright infringement.