Picking a Supreme Court Justice
Recently there has been a lot of discussion concerning President Obama’s pick for the Supreme Court. Not surprisingly, there are those who support the nomination, and those who don’t. Both sides try to frame their argument in terms of what a good Supreme Court Justice should be. Those arguments have descended to the point of ridiculousness.
The focus has become on the proper influence a judge’s background should have. Those opposing the nomination argue that it should have no effect; they view the comment that she sees herself as a Latina judge as offensive.
It is hard to come up with a more ridiculous argument. Everything about any person, from what you put on in the morning to what you eat for breakfast is determined by your upbringing and experience. We are all a product of our life experiences. Hopefully we have learned things along the way, but you cannot divorce yourself from who you are and more than you can change your physical make up.
The proper focus should be on what sort of person we want to be a Supreme Court judge. In the past it has been almost entirely federal court judges. Basically, it has been a promotion from one court to another. While there is some logic to appointing someone with judicial experience, there is also a drawback. More than any other court, the Supreme Court has an impact on every person in America. It specifically has an impact on those involved in the court system, especially the trial courts. Unfortunately, very few Supreme Court judges have ever served as trial court judges. To me, that is significant because they are telling those judges what to do, without any understanding of its impact. There simply is no similarity between a Court of Appeals judge and a trial court judge in terms of what they do on a daily basis. Courts of Appeals review cases on paper, while trial judges see cases as they are happening.
I’m all for diversity, and believe it will be a good thing to bring a different perspective. However, I question how different the perspective of Judge Sotomayor is really going to be. While she may come from a different background, her work experience is no different than the other judges. She has basically been a federal court of appeals judge; as such she has no more insight into the daily workings of the justice system than your average citizen.
Personally, I would like to see at least one judges who has worked “in the trenches”, whether it be a trial judge, or a trial lawyer. They see up close real people, and real problems, and see the effects those problems have on them. No one who has watched a mother sob uncontrollably as her son is led away to prison, or seen the effects of crime on a victim as they testify can say that has not effected them. They see good police officers, and they see those who they wouldn't trust to tell them the correct time. They know there is always more than one side to a story. They are in touch - as much as an outsider can be - with life on the streets. Unfortunately, I don’t think we will ever have a Supreme Court justice who can bring us that perspective.
Despite the rhetoric, I seriously doubt that Judge Sotemayor's nomination is in jeopardy. I hope she will bring a diferent insight to the court. I for one hope she is influenced by her background and upbringing. I don't see how that can be a bad thing.
