APF said:
If white men can't accurately interpret the law WRT discrimination cases, doesn't that mean they are inferior jurists?
With respect to discrimination cases, yes. If this is supposed to be a gotcha moment, it isn't.
JayDubya said:
By your own admission you seem to think that it's acceptable for one to claim that one's Latina-ness is valuable / preferable but unacceptable for someone else to claim that one's WASP or WASC-iness is valuable / preferable.
That is correct. What does that have to do with racism in the real world?
JayDubya said:
Neither are preferable. Neither should even be relevant. At all.
Of course it should be relevant, unless you are taking the position that race is irrelevant in society today, which is a demonstrably false premise. And in which case the disproportionate number of black and Hispanic people who live in poverty would like a word with you about just what it is you believe makes them unable to succeed financially.
DrForester said:
So "Justice is Blind" means squat to you? The whole point of our justice system is for justice to be dealt out based on the law of the land. No qualification other than the persons knowledge of the law should be considered.
By your very logic there's no way for a fair ruling on race discrimination laws. Just as you say a white male would have no real understanding of it, then she would be biased because of the way her life has been affected by it. By your logic there's no neutral ground.
This is a naive view of the law, which has never been "blind." Judges are people. Blindness is ideal, but people are real. I did not say that white judges would be biased about or unqualified to judge race-discrimination cases. I said white judges will necessarily lack experience that is relevant--not necessarily always dispositive--to deciding those kinds of cases. This does not mean that only racial minorities are qualified to judge discrimination cases, but it does mean (1) that we should not pretend like race is irrelevant to deciding many different kinds of cases (including criminal cases in which racial minorities have a different experience than whites vis-a-vis law enforcement); and (2) that we should be honest and acknowledge that a
diverse judiciary (not a single-race judiciary one way or the other) is good for society for this reason. Acknowledging this makes Sotomayor a realist, not a racist. The irony of the cries of racist from the party of Thurmond and the ideological descendants of the Dixiecrat party is almost too much bear. No, it is too much.
APF said:
Abstractly, a discrimination case takes two parties: the aggrieved and the accused. In addition, the accused is presumed innocent until proven guilty. Therefore, if one is to assert that being of like race to the aggrieved allows a judge to have Special Knowledge of their situation, and that this is important to that judge's ability to preside over the case, one must similarly assert the necessity of being of like race to the accused. Therefore it is impossible for one judge to preside over discrimination cases.
Race discrimination cases are typically civil cases. There is no accused and there is no presumption of innocence. More importantly, most of "the law" and what gets decided by judges has nothing to do with the ultimate factual question at hand (e.g., did he or did he not intend to discriminate). There are enumerable legal questions--procedural and substantive--that get decided along the way--questions that, although subsidiary, are often of extreme importance to people trying to obtain relief for real injuries--and for which having certain experiences can prove invaluable as a judge.