Justice Sotomayor Attacks John Roberts' Views On Race As 'Out Of Touch With Reality'

[cal04]

Last edited Tue Apr 22, 2014, 07:57 PM - Edit history (1)

Source: TPM

A significant portion of Justice Sonia Sotomayor's scathing dissent in the Supreme Court's decision upholding Michigan's affirmative action ban was dedicated to taking on Chief Justice John Roberts' views on race in America.

Here's a snippet from her dissenting opinion (emphasis added), which she took the unusual step of reading from the bench on Tuesday:

In my colleagues' view, examining the racial impact of legislation only perpetuates racial discrimination. This refusal to accept the stark reality that race matters is regrettable. The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter.


Although she didn't mention him by name, Sotomayor was apparently alluding to Roberts' frequently-quoted line from a 2007 case: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."
http://www.law.cornell.edu/supct/html/05-908.ZS.html


Read more: http://talkingpointsmemo.com/dc/sonia-sotomayor-john-roberts-race-affirmative-action?utm_content=bufferb0269&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

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http://nationalactionnetwork.net/press/statement-by-rev-al-sharpton-on-the-supreme-court-decision-in-schuette-v-coalition-to-defend-affirmative-action/

Reverend Al Sharpton
“The Supreme Court decision upholding the state of Michigan’s ban of using race as a factor in affirmative action is a devastating blow to the civil rights community. The ramifications of this will be far reaching and could tie us up in endless battles. We must mobilize immediately for state referendums to counter this decision to protect the ongoing battle to redress the historic needed repairs to racial discrimination.”


-Rev. Al Sharpton, President of NAN
National Action Network is disappointed in the outcome in Schuette v. Coalition to Defend Affirmative Action. The decision to uphold a Michigan voter initiative prohibiting the use of race in admissions to the state’s public universities further heightens barriers of inequality for minority enrollment at colleges and universities. States that have banned affirmative action in college and university admissions have tended to enroll fewer Black and Hispanic freshmen. With this decision, the number of underrepresented minority students admitted to universities would fall significantly. The concept of Equal Opportunity policies ensure that no person is disadvantaged or treated unfairly when applying for college, employment, or other application processes because of their race, ethnicity or gender. National Action Network will work to mobilize our members to the polls to vote in local and state elections to combat discriminatory laws that further stifle the advancement of people in our communities.

Sonia Sotomayor Delivers Blistering Dissent Against Affirmative Action Ban
http://www.huffingtonpost.com/2014/04/22/sonia-sotomayor-affirmative-action_n_5193984.html

[yallerdawg]

1. Robert's views...

are 'conservative.' Equality of opportunity overrides outcome. If minorities can apply, it's all good.

[bob27]

3. That's his view.

After all these years, it's still a tough issue. Affirmative action has some benefits for minorities, but can also create resentment and friction among workers. What trumps what?

[heaven05]

6. equality of opportunity

Last edited Tue Apr 22, 2014, 06:13 PM - Edit history (1)

trumps anything to do with the generations of systemic bigotry and racism perpetuated by a powerful 'subgroup' of americans. When white entitlement and privilege becomes that for all American citizens, regardless of race, culture, gender or sexual orientation, then AA is not necessary. My question is.....why laws to ensure equality when all should have equality in our so called democracy? Racism and gender inequality has gone NO WHERE. In fact, since B.O became POTUS racial hate and attacks on woman's rights is out the closet in a big way. "some benefit for minorities"? Makes me say hmmmmmm......

[bob27]

52. Affirmative action may be a good thing, but it is not equal opportunity.

It is giving some workers or students preference over others on the basis of race, gender, etc., in order to right historical wrongs. Whether this is a justified is a reasonable issue for discussion.

[heaven05]

77. no discussion necessary

a few decades of leveling the playing field with affirmative action has, as is proven by today's political landscape, done nothing to continue the leveling process. In fact certain 'sub groups' are claiming victimization because of affirmative action while the people who need affirmative action to continue are facing the same generational bigotry, hate and racism my great grandparents faced and I feel that hate is more virulent today. No affirmative action has a firm place and is still needed to rectify ignorance and stupidity perpetrated by certain 'sub groups' in america. Period.

[blm]

81. After 2-3 centuries of LEGACY admissions?????

Get real.

[Mondavi]

88. Of course, affirmative action is justified...

We've had hundreds of years where women have been barred from opportunity.
Jews and African Americans barred from opportunity.
This is a very small scale effort to right some of these wrongs.
When white males can no longer gain supremacy by barring women, Jews and African American from opportunity, we quickly see that they fail miserably. These are the few whom John Roberts speaks for now in this decision.

[noiretextatique]

17. equality of opportunity should trump emotional tantrums

unless we want all laws to be determined by how little they hurt the feelings of the majority.

[bob27]

20. Tantrums?

Who said anything about tantrums?

[nomorenomore08]

40. Have you not *seen* all these privileged College Republican types whine about "reverse racism"?

Makes me want shut them up with a pacifier or something. Fucking babies.

[bob27]

53. It's not just college Republicans.

I really don't care much about them. What I care about is the effect AA has on working class Americans, who are not on the whole, racist, but who resent being disadvantaged in order to correct historical wrongs. The question is: does AA divide the working class, and, if so, is it worth the benefits achieved for women and minorities.

[nomorenomore08]

67. AA should be based on social class as well as race and gender. I fully believe that.

The fact that it isn't, I think, speaks more to the lack of class-consciousness in this country than anything.

[TBF]

75. It is not just "historical wrongs" -

Women are STILL paid less than men for the same jobs. Black Americans and other minorities are STILL subject to institutionalized racism.

These are things going on right now in this country that need to be corrected. And I promise you they are not going to be corrected by Justice John Roberts no matter what title you want to give him.

And John Roberts does not give a crap about the working class period - whether you are white, black, purple, or sprout 3 weeks. He.does.not.care.about.you.

[noiretextatique]

43. affirmative action worked perfectly for centuries

when it applied only to white males. 20 years or so for women and people of color, and suddenly "fairness" is magically a huge problem. and yes, tantrums by the rw and their friends killed the other affirmative action.

[nomorenomore08]

44. +1

These whiny fucking overgrown children need to get a dose of perspective and reality! Stat!

[noiretextatique]

90. indeed...Americans are absurd on this issue

Which is nothing more than white people behaving badly, because they have the power to do so. Yet another example on institutional racism.

[bob27]

54. So two wrongs make a right? Maybe in this case they do.

It's just not as obvious to me as it is to you.

[demigoddess]

82. that's exactly why we should

keep AA but change other things, such as our education system which gives rich white kids an advantage. Bring other schools up to that level whether they like it or not. All schools should be equal. No matter the color, neighborhood or income level. Also colleges in each state should accept non-paying students. And that is separate from their football team etc. give people a better chance at education and higher education would do as much or more than AA.

[noiretextatique]

83. there was only ONE wrong

Affirmative action was can attempt to address that wrong. Why don't we try it for 400 years? Then white people will have the right to complain.

[brush]

26. "Friction amoung workers"?

Blacks are workers too.

How dare you infer that blacks don't work. They should be protected from racial discrimination. It's as simple as that.

Affirmative action for whites went on for centuries under slavery, reconstruction, Jim Crow, and it still goes on today on the Supreme Court even so please, don't even try it.

Tough issue my ass. It's about fairness. Nothing's tough about fairness.

[bob27]

30. Who said that?

I don't think you understand the point. The friction is between white workers, (also Latino workers) and black workers, which can be exacerbated by affirmative action.

[brush]

36. You did.

If you meant black and Latino workers also, say so.

And pls, white workers still get preferences. Blacks and Latinos are still the last hired and first fired in too many instances.

[bob27]

47. Actually, I'll say what I want.

Or rather, what the mods allow.

[brush]

49. Well you need to write clearer sentences so you're not misunderstood, newbie.

If you really are new.

[bob27]

55. My answer was perfectly clear.

Your personal attack plus innuendo notwithstanding.

[brush]

58. IMO the post leaving out black and Latino workers led to a misunderstanding . . .

of what you were trying to say.

Since you are new around here, try and be clear with your writing.

You'll notice that others agreed with my post that you seemed not to include blacks and Latinos as workers in your up-thread post.

[uppityperson]

37. Someone being upset by equality is not a good reason to not have it.

[brush]

39. YES!

Couldn't have said it better.

[bob27]

50. Well, someone could have said it better!

[Paladin]

42. +100. (nt)

[bob27]

48. Affirmative action is not "equality."

It's giving disadvantaged workers and students a special break on the basis of race, gender or ethnicity.

[uppityperson]

57. Oh. Getting a "special break" because they have been disadvantaged is not promoting equality?

Being told you can not ise race, gender or ethnicity to discriminate is not promoting equality? Oh. Tell Frank hi.

[bob27]

59. It may promote equality, but it is itself a kind of "temporary" inequality.

The question is whether this is worth it. That is a question which deserves and needs serious consideration, not just insults and jeers.
And who is "Frank"?

[brush]

64. It's been considered and deployed for a few decades already . . .

Repugs seem to not like it but it works and is well worth it.

Seen any "whites only" signs lately?

[VanillaRhapsody]

61. its ABOUT representation....

Minorities are what percentage of the population? What percentage of the college students are African American....What percentage of them have college degrees as compared to the White population?

What percentage of women (including White women) are attending college because of Affirmative Action. How many Single mother head of households are helped by going to college? Do we want more of that or less?

[brush]

65. Exactomundo! nt

[Roarybeans]

31. Yes!

Agree with you.

[CreekDog]

41. you're asking us if correcting discrimination is worth it if it causes resentment?

yes, by all means, don't enact Civil Rights laws if white people feel like something is being taken from them.

[bob27]

56. AA is temporary inequality in the interest of long term equality.

My question is whether the end justifies the means in this case.

[noiretextatique]

92. what did the lack of AA create?

Permenant inequity.

[blm]

5. Baloney - Roberts isn't a 'conservative' he's a full on fascist.

.

[bob27]

13. No. He's a center-right judge.

This is a fascist: http://time.com/4493/ukraine-dmitri-yarosh-kiev/

[blm]

15. Baloney - Roberts is helping NWO Republicans replace citizen govt with the rule of corporate elites

Last edited Tue Apr 22, 2014, 07:13 PM - Edit history (1)

Your labeling him as 'center-right' would be LOLOLOLOLOL, if fascism was funny. But....it isn't funny.



Roberts as center-right....only to a dumbed down Teabagger who read it in the Moonie News.

[jaysunb]

19. +1 n/t

[bob27]

23. I don't think you know what a fascist is.

Otherwise you would not support your statement with personal insults. Is that all you have?

[uppityperson]

27. i don't think you know what a "personal insult" is.

There was no "personal insult" in that post.

[bob27]

29. I don't think you know what a "dumbed down teabagger" is....

...if you think that's not an insult.

[uppityperson]

32. Did he insult you personally? Where is the "personal" part of that description?

[blm]

34. Go try and find ANY analysis from the left who thinks Roberts is center-right.

Then go check out the idiots who see him as center-right.

It shouldn't take long - - we can wait.

[blm]

33. I most certainly do - - and John Roberts is a fascist.

This Supreme Court majority is filled with NWO Republicans readying this nation for the complete rule of corporate elite. FASCISM.

[TBF]

45. Agree 100% nt

[bob27]

60. You need to think before you throw that word around.

Roberts is no Pinochet, no Salazar, no Franco, no Mussolini and no Dmitry Yarosh. "Fascist" is a precise political term. It doesn't apply to just any center-right or even full on right wing figure.

[ismnotwasm]

62. Precise political term?

Why do you think Roberts is NOT a fascist-- givens his anti-democratic rulings?

[bob27]

68. Fascism is capitalism gone nude.

All the democratic institutions are destroyed and the capitalist class runs things directly through a dictator. I don't think Roberts wants that.

He is a prick, but I don't think he is a fascist.

[blm]

74. Roberts isn't right - he's a NWO neo-fascist abetting the overthrow of this nation's citizen govt.

by corporate elite.

Center-right is a precise political term - and it doesn't apply to John Roberts and the NWO Republicans.

[Jake Stern]

86. Fascism is a loaded word but it's quite easy to understand the fear that is behind it's use.

The boundary is fading more and more with each lopsided 5-4 decision coming out of the Roberts court allowing the further merger of corporation and state.

It's really not that far of a walk from full on Koch style RW nuttery, which Roberts has shown his approval of, to the preliminary stages of Fascism.

[Sarah Ibarruri]

87. That's because he hasn't been given a full opportunity yet. nt

[lunasun]

66. +1 !! exactly

[heaven05]

78. I think he does

and denial of ongoing and current rampant racism, by you, is no excuse for you to impugn his intelligence.

[brush]

38. He's both. And don't leave out undercover (justice robe) racist. nt

[Mondavi]

89. That's true. And Roberts engineered the fascist rally for W....

which stopped the vote-counting with a near riot and with no police intervention in Florida.
Roberts reward was appointment to SC/Chief Justice.

[Gormy Cuss]

2. Boom!

But hey, what does she know about it?

[monmouth3]

12. I wish impeachment were on the table for him and Alito and Scalia. They're all facists as far

as I'm concerned....

[philosslayer]

21. How about Breyer?

He voted for the majority also.

[davidpdx]

69. As do most of us

I think I'd rather see Thomas up first. Scalia has his foot halfway in the grave already.

[indepat]

4. What a beautiful sight seeing Justice Sotomayer shoot rockets up Chief Justice Robert's ass

[rurallib]

7. well said

[Plucketeer]

9. If only those rockets could do more

than cause Roberts to shake his head in denial.

[NYtoBush-Drop Dead]

16. IF only we could see them explode....

sigh...

[Javaman]

8. Translation to laymens terms...

"Roberts is a fucking asshole".

[Iliyah]

10. DUH

Seems like the whole GOP party are in reversal mode coupled with that mean green.

[zentrum]

11. The Supreme Court has become...

....a silver bullet for the extreme right.

I'm worried about Ginsberg. She's too old to make it through 4 or 8 years after 2016--when we could, God Forbid, have a Republican President and Senate. She should retire now while we have Obama and a marginally Democratic Senate.

[nyabingi]

14. Conservatives like Roberts want colorblindness

only when it comes to abolishing legislation that will protect non-whites from discrimination. The purpose of affirmative action has never been to give someone undeserving a cushy job or place in a college or university, but to PROTECT people of color from racial exclusion.

I'd like to ask any conservative wanting to end all affirmative action: What guarantee do people of color and women have that you'll treat them fairly (i.e., the way you'd treat whites) without being forced legislatively to do so?

Are we supposed to believe, given the ramping up of racial animosity since Obama's election, that whites in power are going to miraculously become saintly when it comes to race relations? Hardly!

[mainer]

76. White conservative men are going to be shocked

because if the only metric for admission is test scores and grades, white men will be pushed out by women and Asians.

[toddwv]

18. Robert's "Conservative" leaning SCOTUS Is the Worst Thing To Happen to the US

since the "conservatives'" economic theory became the standard in DC.

[lancer78]

22. I feel my

generation (18-35) has moved beyond race and believe in Martin Luther King's words " A person should not be judged based on the color of his/her skin, but on the content of his/her character" There is a feeling of resentment that Affirmative Action allows certain persons, because of the color of their skin, to get special considerations for job positions and college acceptances.

I think my generation will hopefully finally be able to move beyond the labels of race, gender, or sexuality. We are either really open minded, or really libertarian. As long as everyone is treated equally it is good with us.

[countryjake]

24. And what do you think causes that "feeling of resentment"?

Seriously.

[freshwest]

71. Ronald Reagan, Rush Limbaugh and Ron Paul. n/t

[Kali]

80. bingo

[freshwest]

84. Birds of a feather, resent minorities better! And about that cabana... n/t

[yallerdawg]

25. All things being equal...

how do you explain ongoing negative racial disparity in every category?

There are only 2 possible explanations.

We live in a society which has covert institutionalized racial inequality (if not overt racism)?

Or certain races are less capable than other races?

The republican'ts and conservatives have no problem with either explanation.

Democrats and progressives are compelled to find a solution. This is basic core injustice and we cannot let it stand. This is what Justice Sotomayor is talking about.

Affirmative Action is a means to an end of progressive justice and equality. Our institutions should reflect our social make up, all things being equal.

[blm]

35. As long as....guess what? They STILL AREN'T treated equally. No amount of RW propaganda can

change that fact.

[markpkessinger]

46. With all due respect . . .

Last edited Tue Apr 22, 2014, 11:29 PM - Edit history (1)

. . . I think many in your generation are quite naive concerning the insidious nature of racism (indeed, of all forms of irrational prejudice) and how that plays out, in a macro sense, across society at large.

I think my generation will hopefully finally be able to move beyond the labels of race, gender, or sexuality. We are either really open minded, or really libertarian. As long as everyone is treated equally it is good with us.

Many in my generation (I'm 52) and the generation preceding mine thought that, too, when we were younger. But here's the thing: the tendency towards favoring those whom one perceives to be 'like' oneself, and to view less favorably those whom one perceives to be different from oneself, is deeply rooted in the human psyche. When humans were living primarily in relatively small groups of extended family members who had to compete for food and other resources with other groups, recognizing people as members of one's own group was a survival skill. Eventually, as a species, we began to understand that we improved our survival and the quality of our lives when we banded together in larger groups of both related and unrelated people and began to cooperate, rather than compete, but that deeply embedded tendency to identify more favorably with one's "own kind" remained, and it remains still. Individuals can learn to overcome it within themselves, if they choose to do so, but the likelihood is that even though they may overcome such prejudice as they are aware of and know to monitor within themselves, they will still, in all likelihood, retain blind spots of their own.

I'm guessing when you are a bit older, you will find that your generation, too, had its blind spots. You will doubtless do better than your predecessors in some areas, not as well as might be hoped in others. And you will realize that the views or members of your generation are ultimately far too disparate to permit speaking cogently about a generational outlook. Oh, and chances are, there will be a younger generation that is all too willing to congratulate itself on its own enlightenment. Just sayin'.

[yallerdawg]

51. I believe conservative think tanks...

have incorporated this sub-conscious or unconscious psychological urge for us to associate with those most like us as a natural tendency to exploit race as a key political element. For a great number of white people, this fear of a change, new people and new cultures is the single most important issue. Throw in religion, abortion, and second amendment gun rights, and you have a lot of voters who only care about the one issue and vote for the one party.

Democrats can't use this - we are the party of change, diversity, multiculturalism, and individual freedom over groupthink.

As long as we have a set of voters who are so easily duped and manipulated, we will have republican'ts.

And we will have inequality and no justice.

[markpkessinger]

63. Exactly . . .

. . . And it think it is incredibly dangerous to allow ourselves to become complacent about the issue, or to rest comfortably that our generation (whichever one that may be) has 'finally moved beyond" these issues.

[markpkessinger]

85. Are folks in your generation equally resentful . . .

. . . about the de facto affirmative action program that exists for the sons and daughters of (mostly white and affluent) alumni, known as "legacy admissions?" And if not, why not?

[Jack Rabbit]

28. His views on the causes of political corruption are, too

But that never stopped a partisan hack before, why should it now?

[davidpdx]

70. I hope Roberts craps his pants

[Skittles]

72. she's the one who speaks like a grownup

[Gothmog]

79. Sotomayor is corrrect

Sotomayor is correct in her analysis. This is a well done dissent even though this dissent is pissing off the rightwing nut cases

[noiretextatique]

91. unqualified

For the modern court...along with Scalia and Thomas. Perhaps if it was 1814..