Monday, June 8, 2009

"Rainbow Justice"

"Rainbow Justice"

Similar to the colors of the rainbow we all learned as children, the United States has evolved from the melting pot of integration into a full spectrum of individual cultures and races all vying for their time in the sun.  No longer content to trade our cultural identity for the greater American melting pot, our individual cultures define who we are as Americans.  That is our America.
 
Since President Obama's announcement of Judge Sonia Sotomayor as his pick for the U.S. Supreme court, there has been a barrage of news coverage, slurs and apologies (See Newt Gingrich).   Republicans and conservatives have been critical of Sotomayor's past statements on how her Latina heritage positively influences her decision-making on the bench.  Democrats have been quick to suggest Sotomayor could have used a better choice of words, but recognize the value her diversity brings to the court.
   
What's the statement creating all of the frenzy?

 I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life. To read the statement in its full context, you can view the entire lecture at <http://www.berkeley.edu/news/media/releases/2009/05/26_sotomayor.shtml> Berkeley's website.

Much of the discussion has centered around proper representation on the high court.  There's nothing in the Constitution that says the Court should be made up of the largest pockets of the American population.  There is also nothing in the Constitution that says we have to have a court that matches the diversity of the United States (though I imagine our Founding Fathers could have never fathomed the possibility). 

More than two hundred years since its founding, the United States is home to more than 300 million Americans; half of which are women.  African Americans make up 12 to 13 percent of the population with Hispanics estimated to be 13 to 15 percent.   This doesn't include the varying millions of Asian Americans, Indian Americans and those from the African Diaspora. 

True, nominations to the Supreme Court are, and always have been, a political process.  By definition, a President's choice for the Supreme Court represents a convergence of his political and judicial ideology juxtaposed with the realities of the U.S. judicial system. In that vein, presidents have nominated conservatives, African Americans, women and now Hispanics with an eye toward important political constituencies. 

Don't get me wrong, it would be nice to see a Hispanic woman on the Court; it would also be nice to see an African American woman on the court, the most underrepresented group historically in America along with Asian Americans.  Members of the U.S. Supreme Court should be representatives of the country.  This is the goal.  And given the political nature of the process, it is incumbent upon all of us to ensure that our voices are heard and to commit ourselves to learning both the issues and the politics.
   
Although no one constituency has any rights to "one of their own" on the Court, we do have the responsibility to become active citizens of this great country.  This means realizing our power and making a difference in our neighborhoods, our communities, our states and our country - creating a platform to influence the highest court in the land. 

This is the mission of The Penny Institute, to provide community groups with the tools to learn the process, and influence the outcomes. 

"I you give me a penny and I will give you change"

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