A quota queen for the court

The Washington Times Weekly - - Commentary - Pat Buchanan

If the U.S. Se­nate re­jects race-based jus­tice, So­nia So­tomayor will never sit on the Supreme Court. Be­cause that is what So­nia is all about. As The New York Times re­ported on May 30, the salient cause of her ca­reer has been ad­vanc­ing per­sons of color, over whites, based on race and na­tional ori­gin.

“Judge So­tomayor, whose par­ents moved to New York from Puerto Rico,” writes re­porter David Kirk­patrick, “has cham­pi­oned the im­por­tance of con­sid­er­ing race and eth­nic­ity in ad­mis­sions, hir­ing and even ju­di­cial se­lec­tion at al­most ev­ery stage of her ca­reer.”

At Prince­ton, she headed up Ac­cion Puer­tor­riquena, which filed a com­plaint with the Depart­ment of Health, Ed­u­ca­tion and Wel­fare de­mand­ing that her school hire His­panic teach­ers. At Yale, she co-chaired a coali­tion of non-black mi­nori­ties of color that de­manded more Latino pro­fes­sors and ad­min­is­tra­tors.

At Yale, she “shared the alarm of oth­ers in the group when the Supreme Court pro­hib­ited the use of quo­tas in uni­ver­sity ad­mis­sions in the 1978 de­ci­sion Re­gents of the Uni­ver­sity of Cal­i­for­nia v. Bakke.”

Alan Bakke was an ap­pli­cant to the UC med­i­cal school at Davis who was re­jected, though his test scores were higher than al­most all of the mi­nor­ity stu­dents who were ad­mit­ted. Mr. Bakke was white.

Af­ter Yale, Ms. So­tomayor joined the Na­tional Coun­cil of La Raza and the board of the Puerto Ri­can Le­gal De­fense Fund. Both pro­mote race and eth­nic pref­er­ences, af­fir­ma­tive action and quo­tas for His­pan­ics.

But why should Puerto Ri­cans like Ms. So­tomayor, who were never sub­jected to slav­ery or Jim Crow — their is­land was lib­er­ated from Spain in 1898 by the United States — get racial or eth­nic pref­er­ences over Pol­ish-or Por­tuguese-Amer­i­cans?

What is the jus­ti­fi­ca­tion for this kind of dis­crim­i­na­tion?

Like Lani Guinier, the Clin­ton ap­pointee re­jected for re­verse racism, So­nia So­tomayor is a quota queen. She be­lieves in, preaches and prac­tices race­based jus­tice. Her bury­ing the ap­peal of the white New Haven fire­fight­ers, who were de­nied pro­mo­tions they had won in com­pet­i­tive ex­ams, was a no­brainer for her.

In her world, equal jus­tice takes a back seat to tribal jus­tice.

Now, peo­ple of­ten come out to vote for one of their own. Catholics for JFK, evan­gel­i­cals for Mike Huck­abee, women for Hil­lary Clin­ton, Mor­mons for Mitt Rom­ney, Jews for Joe Lieber­man and African-Amer­i­cans for Barack Obama. That is po­lit­i­cal re­al­ity and an ex­er­cise of po­lit­i­cal free­dom. But tribal jus­tice is un-Amer­i­can.

In the 1950s and 1960s, this coun­try reached con­sen­sus that deny­ing black men and women the equal op­por­tu­nity to ad­vance without en­dors­ing the Oba­maSo­tomayor view that di­ver­sity trumps equal jus­tice, and race­based jus­tice should have its own seat on the high court?

Down the path Ms. So­tomayor would take us lies an Amer­ica where His­panic jus­tices rule for His­pan­ics, black judges rule for blacks and white judges rule for white folks.

It is an Amer­ica where who gets ad­mit­ted to the best colleges and uni­ver­si­ties is not de­cided on grades and aca­demic ex­cel­lence, but on race and eth­nic­ity, Ma­jor­ity, when he in­creased the Repub­li­can pres­i­den­tial vote from 43 per­cent in 1968 to 61 per­cent in 1972. Ron­ald Rea­gan so­lid­i­fied this base.

But why should the white work­ing and mid­dle class stay with the GOP? Its pres­i­dents ex­ported their jobs to Mex­ico, China and Asia, and threw open Amer­ica’s doors to tens of mil­lions, le­gal and il­le­gal, from the Third World, who have swamped their cities and towns. If the GOP will not end race-based af­fir­ma­tive action, which threat­ens the fu­tures of their chil­dren, why vote for the GOP?

Why should white folks vote for any­one who says, “We are against race dis­crim­i­na­tion, un­less it is dis­crim­i­na­tion against you”?

Mr. Obama would not have se­lected Ms. So­tomayor if he did not share her con­vic­tions. And there is noth­ing in his writ­ings or ca­reer to hint at dis­agree­ment. Thus it comes down to the se­na­tors, es­pe­cially the Repub­li­cans. A vote for So­nia So­tomayor is a vote to af­firm that race-based jus­tice de­serves its own seat on the U.S. Supreme Court.

But if that hap­pens, it will not only be the race con­scious­ness of His­pan­ics that will be on the rise in the good old U.S.A.

Pat Buchanan is a na­tion­ally syndicated colum­nist.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.