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Last night, President Obama called all three of the women we last mentioned as potential Supreme Court Justices and told them he had chosen the very first on our list, 55-year-old New York judge Sonia Sotomayor — despite a whisper campaign that had already questioned her intelligence and called her a “fiery Latina” instead of the more respectful “potential first Hispanic Justice.” Sotomayor has more combined experience, at every level of the judicial system, than any current member of the Court:
American University law professor Darren Hutchison analyzes the written comments critics refer to in criticizing Sotomayor, and notes that “domineering” is not language normally used about male justices such as Antonin Scalia:
For Sotomayor, being a sharp interrogator and requiring lawyers to be “on top of it” are negative qualities. These traits are not negative in most men, certainly not white men… In Scalia, toughness is positive; in Sotomayor, it is nonjudicial. If Scalia asks irrelevant questions, he is just being a dutiful “law professor” trying to hold the attention of his class. If Sotomayor does the same thing, she is just interested in hearing herself talk. When Scalia duels harshly with litigants, the “spectators” watch in amazement. If Sotomayor asks tough questions, she is seen as difficult, temperamental and excitable. The disparate treatment is too dense to deny.
At WVFC, we’ve been rooting for every woman on the shortlist. But we’ll be keeping extra-close watch on the cable-TV noise if they try to pull the “too aggressive” or “fiery Latina” or “affirmative action” card and try to stop her confirmation.