Justice Sonia Sotomayor: Smart Power

A couple of recent articles have portrayed Justice Sonia Sotomayor in a very positive light. The articles rebut many of the suspicions that some commentators had regarding Sotomayor during her confirmation process.

Many of Sotomayor's critics questioned her intellect -- despite her tremendous record of accomplishment. Others contended that she lacked judicial temperament. Many Dissenting Justice articles responded to the criticism of Sotmayor (see comprehensive list of articles).

The attacks on Sotomayor had clear racial and gender dimensions. Prior to her confirmation, Sotomayor's powerful presence on the bench was viewed as a negative trait; in male judges, however, this is invariably seen as a positive trait. Despite Sotomayor's record of achievement, detractors questioned her intellect, while white judicial nominees rarely face such scrutiny.

Several critics, including Jeffrey Rosen, questioned whether Sotomayor could match conservative justices (see Dissenting Justice scathing critique of Rosen). According to recent Supreme Court commentary, however, Sotomayor has quickly disproved Rosen's fears regarding her value to the Court's liberal wing.

Today, some commentators rightfully view Sotomayor as a smart justice who engages in very sharp and passionate questioning from the bench. These recent articles provide a far more accurate account of Sotomayor than the picture that emerged during the confirmation process. They also demonstrate how race and class biases, rather than legitimate concerns, shaped much of the criticism surrounding Sotomayor during the confirmation process.

New Profile of Justice Sonia Sotomayor in Latina Magazine

Latina will profile Justice Sonia Sotomayor in its December/January issue, which becomes available on November 17. The magazine has posted a lengthy excerpt from the article on its website. Here is a snip:

When Obama won the White House, the legal world hedged their bets on the brilliant judge with the impeccable résumé. But weeks before Obama made public his pick to replace Souter, Sotomayor called her confidante and good friend Llambelis, telling her that she wanted to pull her name from consideration.

“You have to understand that Sonia is a very private person,” Llambelis explains. “She didn’t want to go through another public vetting process and a potential public dressing-down by those on the Republican right who opposed her nomination. Sonia was happy being a Federal Appeals judge, loved her life in New York and felt fulfilled. She worried about having less time to spend with her mother, family and friends, particularly given her mom’s age and potential health complications.” Llambelis recalls listening to her friend, whose “I can” mantra was being drowned out by last-minute uncertainty. She told her to think beyond herself. “At this point, this is not about you,” Llambelis said to her. “It’s about little girls and boys, brown and black, who live in the projects and in poor communities around our nation, who can dream bigger if you are in the Supreme Court. You cannot back down now.” Sotomayor promised to think about it overnight. And in the morning, she woke up with a lighter heart and a bigger purpose.

In her short tenure so far on the court, the justice we have witnessed is no shrinking violet. She asks tough questions and is not intimidated by her rookie status. Sotomayor’s charm and confidence surprise very few people who know her, including the man who nominated her. While President Obama’s staff was preparing Sotomayor for the confirmation hearings in a White House office called the War Room, the team covered all the potentially explosive questions and briefed her on every minute detail, including how to dress for the cameras. They even advised her to keep her nails a neutral shade, which she did. But on the day of the White House reception celebrating her appointment, Sotomayor asked the president to look at her freshly manicured nails, holding up her hands to show off her favorite fire engine–red hue. The president chuckled, saying that she had been warned against that color.

She sure had, but Sotomayor was not finished. She then pulled her hair back behind her ears, exposing her red and black semi-hoop earrings, a beloved accessory among Latinas across America—from the South Bronx to Houston to East Los Angeles.

Obama joked that she had been briefed on the size of the earrings as well. Without skipping a beat, Sotomayor replied: “Mr. President, you have no idea what you’ve unleashed.” He responded, “Justice: I know and remember it’s a lifetime appointment. And I and no one can take it back.” And that, as they say, is the final verdict.

The cover is, well, fabulous: