!! History Commons Alert, Exciting News

Context of 'June 5, 2009: Republican Chairman: ‘God Help’ White Males in Supreme Court Nominee’s Courtroom'

This is a scalable context timeline. It contains events related to the event June 5, 2009: Republican Chairman: ‘God Help’ White Males in Supreme Court Nominee’s Courtroom. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, 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. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 pdf file; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

Entity Tags: University of California at Berkeley School of Law, Sonia Sotomayor, US Supreme Court

Timeline Tags: Civil Liberties

Tom Goldstein, a veteran lawyer who maintains the Supreme Court-focused, nonpartisan “SCOTUSblog,” writes that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) will be the focus of caricatures and character attacks from the right, just as Justices Samuel Alito (see October 31, 2005 - February 1, 2006) and John Roberts (see September 29, 2005) were from the left. Goldstein’s assessment is echoed by ABC’s “The Note,” an influential daily political newsletter. Goldstein, who has argued cases before the Court over 20 times, writes that barring some serious revelation of ethical violations, Sotomayor is almost guaranteed to be confirmed by the Senate, but before that, she will be subjected to attacks from what he calls “committed ideologues.” Few “mainstream Republican politicians will vocally join the criticism,” he predicts. In a political sense, it would be disastrous for Republicans to mount serious opposition to a Hispanic woman, or Latina. “To Hispanics, the nomination would be an absolutely historic landmark,” Goldstein writes. “It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.” Such attacks would comprise “a strategy that risks exacting a very significant political cost among Hispanics and independent voters generally, assuming that the attacks aren’t backed up with considerable substance.” The attacks will come from any of four major areas, Goldstein predicts. [Tom Goldstein, 5/26/2009]
Attacks Led by Conservatives outside Congress - ABC’s Jonathan Karl agrees. He writes: “At the start, Senate Republicans will likely make innocuous statements about the need to thoroughly review her record, but make no mistake, GOP leaders, with a big assist from outside conservative groups, will wage a vigorous campaign against this nomination.… Senate Republicans don’t expect to defeat the Sotomayor nomination. But they hope to raise enough questions about the nomination to make it a tough vote for Democratic senators in more conservative states. They will also use the confirmation battle as an opportunity to motivate a demoralized Republican base” (see May 1, 2009). [ABC News, 5/26/2009]
Attacks on Sotomayor's Intellect - The first series of attacks, Goldstein writes, will focus on the claim that she “is not smart enough for the job.” He writes that this is a powerful line of argument with an equally strong potential for backlash, so it will be handled carefully and obliquely. Unfortunately for this position, he writes, “Sotomayor is in fact extremely intelligent.” She graduated at the top of her class at Princeton, and her judicial opinions “are thorough, well-reasoned, and clearly written. Nothing suggests she isn’t the match of the other Justices.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and May 31, 2009).
'Liberal Ideologue and Judicial Activist' - The second line of attack will be purely ideological, focusing on the claim that she is a “liberal ideologue” and a “judicial activist.” While Sotomayor would be on the left of the Court, Goldstein writes, she is hardly a radical liberal. She is very similar to the man she is slated to replace, Justice David Souter, as a moderate, centrist liberal. Her appellate opinions as reviewed by the Court put her squarely with the left-center wing of the current Court. Karl writes, “They will call her an ‘activist’ judge intent on making law from the bench, not interpreting law.” Their predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, and June 3, 2009).
Intolerant of Positions Contrary to Her Own - The third wave of attack will claim, Goldstein writes, that she is intolerant of positions with which she disagrees. Proponents of this line of attack will focus on a decision she wrote that upheld affirmative action laws to the detriment of white firefighters, on a panel appearance in which she acknowledged that appellate judges sometimes make public policy, and a speech where she talked about the role her gender and ethnicity played in her decision-making. They will also focus, Karl notes, on a 2002 speech where she said the sex and ethnic origin of a judge can affect their decisions. Sotomayor said, “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” (see October 26, 2001). “These reeds are too thin for that characterization to take hold,” Goldstein writes. The public “is easily able to accept a judge’s recognition of the lawmaking effects of her decisions and the influences of her background. There just isn’t any remotely persuasive evidence that Judge Sotomayor acts lawlessly or anything of the sort.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and June 3, 2009). [ABC News, 5/26/2009; Tom Goldstein, 5/26/2009]
Personality Characteristics - The fourth wave of attacks will characterize her as, Goldstein writes, “gruff and impersonable,” based on some excerpts from oral arguments and a few anonymous criticisms voiced in the “Almanac of the Federal Judiciary.” Sotomayor can easily quash these attacks with a few well-turned statements in the public eye. From his own experiences arguing cases before the Court, Goldstein believes Sotomayor is similar in demeanor and temperment to Justices Roberts, Souter, and Antonin Scalia. Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 27, 2009. May 29, 2009, and June 3, 2009).
Missed Line of Attack - Neither Goldstein nor Karl write about the direct attacks on Sotomayor’s race and gender that some conservatives will launch (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009. May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009). Goldstein’s own analysis of Sotomayor’s rulings will thoroughly disprove the allegations of racial bias (see May 29, 2009).
Conclusion - Goldstein concludes, “All in all… her easy confirmation seems assured.” [Tom Goldstein, 5/26/2009]

Entity Tags: David Souter, Sonia Sotomayor, Jonathan Karl, US Supreme Court, Thomas Goldstein, ABC News

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele, guest-hosting William Bennett’s radio show, says that Republicans should not attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009) over her race (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, and May 28, 2009). Doing so risks damaging the Republican Party’s image, he says. Steele, who is an African-American, warns that the “liberal media,” and particularly MSNBC, will use the racially motivated attacks to paint Republicans as bigots. “MSNBC will rip everything we have to say up into shreds,” he says. “I’m excited that a Hispanic woman is in this position,” he says. Republicans should stop “slammin’ and rammin’” on Sotomayor, and instead “acknowledge” the “historic aspect” of the pick and make a “cogent, articulate argument” against her for purely substantive reasons. Steele says the party doesn’t want to “get painted as a party that’s against the first Hispanic woman” picked for the Supreme Court. Democrats have made similar attacks on conservative candidates in the past, Steele avers, and says that the “liberal media” gave Democrats an unfair advantage in such controversies. Steele does not mention two of the loudest voices in the racially-based attacks against Sotomayor, former House Speaker Newt Gingrich and conservative radio host Rush Limbaugh. Washington Post columnist Greg Sargent writes: “It’s a reminder of Steele’s predicament: He knows how badly these attacks are damaging the party and how neatly they play into the hands of Dems, but he can’t call out the leading figures launching those attacks, because that risks infuriating the base and feeding the meme that the GOP is hopelessly divided.” [Plum Line, 5/29/2009] Two weeks before, while hosting Bennett’s show, Steele had attacked Sotomayor’s intellect and personality, calling her “not a bell ringer” and “abrasive.” [Think Progress, 5/29/2009] A week later, while hosting Bennett’s show, Steele will say, “God help you if you’re a white male coming before her bench” (see June 5, 2009).

Entity Tags: Republican Party, Sonia Sotomayor, MSNBC, Greg Sargent, US Supreme Court, Michael Steele

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). [Think Progress, 6/5/2009] Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” [Think Progress, 6/10/2009]

Entity Tags: Republican National Committee, US Supreme Court, Sonia Sotomayor, Michael Steele

Timeline Tags: Domestic Propaganda

Former First Lady Laura Bush says some positive things about Supreme Court nominee Sonia Sotomayor (see May 26, 2009). On ABC’s Good Morning America, Bush says: “I think she sounds like a very interesting and good nominee.… As a woman, I’m proud there might be another woman on the Court. So we’ll see what happens, but I wish her well.” [Think Progress, 6/8/2009] Bush’s comments stand in contrast to some conservatives’ gender-based attacks on Sotomayor (see May 26, 2009, May 28, 2009, and June 5, 2009).

Entity Tags: US Supreme Court, Sonia Sotomayor, Laura Bush

Timeline Tags: Domestic Propaganda

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” [Think Progress, 6/12/2009]

Entity Tags: US Supreme Court, John Cornyn, Sonia Sotomayor, George Herbert Walker Bush

Timeline Tags: Domestic Propaganda

Melissa Harris-Lacewell.Melissa Harris-Lacewell. [Source: Melissa Harris-Lacewell]Melissa Harris-Lacewell, professor of politics and African-American studies at Princeton, attempts to explain the increasingly overt and virulent racism being promulgated by some conservative lawmakers, talk show hosts, and anti-health care protesters (see February 1, 2008, August 1, 2008 and After, August 4, 2008, August 19, 2008, November 18, 2008, February 24-26, 2009, April 7-8, 2009, July 24, 2009, July 25, 2009, and July 28, 2009). “[A]s a political scientist, you always want to start with the assumption that a political party, whatever choices it’s making are trying to seek office,” she says. She says one must assume that the racist rhetoric “is somehow a strategy of the right or strategy of an element of the GOP to somehow gain office either in the mid-term elections or more long term for the presidential race.” However, that is not the entirety of the reasons behind the rhetoric: “[T]he other part, I think, that I have maybe not been thinking about as carefully is that when we think about the history of race in America, sometimes we have to put aside the notion of strategy and just embrace the reality that race in this country has often brought out irrational anger, fear, anxiety, emotionalism. So it is possible that this is not actually a GOP or a conservative strategy but is instead really kind of an emotional tantrum on the part of some members of the conservative wing who really just are floundering as they look at a world that is changing so dramatically around questions of race.” MSNBC host Rachel Maddow expands on Harris-Lacewell’s point, saying: “I was with you on it being an irrational tantrum until I started to see the same very specific tactic used in very different venues about very different subjects, this idea of the person who is not white being the problem racist, being used against [Supreme Court nominee Sonia] Sotomayor (see May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 5, 2009, and June 12, 2009)… being used against the president now, inexplicably, unrelated to any policy issue but just as a free floating critique of the president. And it does make me wonder about this as an overt political strategy.” Harris-Lacewell replies: “President Obama paused in the middle of the primary race to speak in Philadelphia about the question of race in America. And he set up sort of two possibilities, black anger rooted in a history of African-American inequality and white resentment rooted in a sense of kind of a loss of racial privilege. Now, I think in many ways it’s a very accurate assessment of sort of the ways that blacks and whites, not completely and not perfectly, but often perceive things quite differently. So I spent the month in New Orleans and Hurricane Katrina is a perfect example of this. Everybody in the country was mad but African-Americans saw the failures of the federal government around Katrina as a race issue. White Americans who were still angry about the failures of the government saw it primarily as a bureaucratic issue rather than a race issue. So here, you have these two groups with very different perspectives. Now, that made all the difference in being able to make policy. So I think that they’re hoping that these differences in how blacks and whites often see the world can be a perfect kind of wedge to use on health care, to use on education, to use on a wide variety of issues that, in fact, really—if we don’t fix health care, it is bad for all Americans. But if we can somehow kind of suggest that the president is just trying to do things that are good for black people and bad for white people, then it opens up that kind of possibility of anxiety, distrust, and different perceptions.” [MSNBC, 7/30/2009]

Entity Tags: Rachel Maddow, Melissa Harris-Perry

Timeline Tags: Domestic Propaganda, 2010 Elections

Conservative radio host Laura Ingraham tells her listeners that President Obama’s decision to present his “long form” birth certificate as proof of his US citizenship (see April 27, 2011) proves his 2012 re-election campaign will hinge on race. After playing a montage of audio clips from commentators accusing Obama of racism, or saying that his campaign will focus on race, she tells her audience: “It’s official. The Obama campaign is going to run on race. No? They might not say that, but let there be no misunderstanding of where this is going. This is going right to the heart of liberalism. Liberals see people, not as individuals who are capable of anything if given the opportunity, and freed up and loosened from the bonds of government regulation and bureaucratic restraints. No. They see people as a certain color, or a certain gender, or a certain sexual orientation. They have to be put in these boxes. The favorites boxes of the bean counters. Liberals have always looked at people that way. The truth about race, and this president, is not a pretty truth.… The truth about this administration and race goes right to the core of what liberalism has done to the black family, to minorities in general. The great diversion of liberalists has always been to drop the charges of racism, the spurious and the negative and the perjorative charges of racism [against conservatives], every time they are proven to be incorrect and the way they approach a problem” (see September 4, 1949, and After, March 12, 1956 and After, 1969-1971, 1978-1996, 1980, 1981, March 15, 1982, 1983, June-September 1988, 1990, September 1995, August 16, 1998, March 1-2, 2001, August 29, 2001, March 15, 2002, July 15, 2002, August 2002, September 26, 2002 and After, August 5, 2003, September 28 - October 2, 2003, May 17, 2004, May 18, 2004, October 9-13, 2004, November 15, 2004, November 26, 2004, December 5-8, 2004, December 8, 2004, May 10, 2005, September 28-October 1, 2005, September 30 - October 1, 2005, September 30, 2005, 2006, March 29, 2006, December 2006, January 19, 2007 and After, January 24, 2007, April 2007, April 2, 2007, July 22, 2007, August 21, 2007, September 22, 2008, October 8-10, 2008, October 24, 2008, January 6-11, 2008, November 10, 2008, January 25, 2008, January 31, 2008, February 1, 2008, February 28, 2008, May 19, 2008, June 2, 2008, June 6, 2008, June 26, 2008, August 1, 2008 and After, August 4, 2008, August 4, 2008, August 19, 2008, August 25, 2008, October 7, 2008, October 20, 2008, October 22, 2008, October 28, 2008, November 18, 2008, January 18, 2009, February 24-26, 2009, March 3, 2009, April 7-8, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 27-29, 2009, May 28, 2009, May 29, 2009, May 31, 2009, June 2, 2009, June 5, 2009, June 7, 2009, June 12, 2009, June 20, 2009, June 25, 2009, July 8, 2009, July 16, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 27, 2009, July 28, 2009, July 28-29, 2009, August 8, 2009, August 12, 2009, August 19, 2009, September 2009, September 14, 2009, October 13, 2009, February 25, 2010, March 20, 2010, July 14, 2010, July 15, 2010, September 11, 2010, September 12, 2010, September 12, 2010 and After, September 15, 2010, September 18, 2010, September 21, 2010, September 24, 2010, October 22-23, 2010, November 9, 2010, November 12, 2010, December 22, 2010, January 14, 2011, February 20, 2011, March 2011, March 19-24, 2011, April 1, 2011, April 5, 2011, April 14-15, 2011, April 15, 2011, April 22, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 26, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, April 27, 2011, and April 28, 2011). Liberals, Ingraham says, rely on racial politics, divisiveness, and “class warfare” to succeed in the political arena. “[I]n the end,” she says, “it’s kind of all they have, that and abortion.” She derides people “on the left” for attacking billionaire television host and enthusiastic “birther” Donald Trump for being racist (see April 14-15, 2011, April 26, 2011, April 27, 2011, April 27, 2011, and April 28, 2011). Any such charges, she says, are ridiculous. But those charges will be used by anyone who criticizes Trump for his challenge to Obama’s citizenship, she predicts, and cites Trump’s recent exhortation for Obama to “get off the basketball court” and focus on national issues as an example of an unfair charge of racism (see April 27, 2011). “And the very thing the left always starts to accuse the right of is what they are most guilty of,” she says. [Media Matters, 4/28/2011] Ingraham has had her own issues with racism and gender (see 1984, April 1997, and July 17, 2009).

Entity Tags: Barack Obama, Laura Ingraham, Donald Trump

Timeline Tags: Domestic Propaganda, 2012 Elections

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike