Sotomayor nomination

[piercehawkeye45]

Originally Posted by classicman

Were you around for the Thomas nomination? I forget how old you are.

I was alive but not aware of it.

Originally Posted by Beestie

Better for who?

I don't think this was an meant to be an absolute statement. In certain situations, a rich experienced latina lady can understand motives better then a rich white male who has no experience in certain situations. In other situations, it may be the opposite. That is why I agree that diversity is important in the Supreme Court and believe that law isn't meant to be objective, because it cannot be.

Every person has grown up in different environments and has a different outlook on life meaning they can relate and understand different situations better then others. Having diverse viewpoints is important to create a well rounded view on a topic, instead of specific one that will most likely happen if one demographic group dominates the Supreme Court.

Originally Posted by Beestie

Not to be objective? Who said that - Karl Marx?

I haven't read Karl Marx. Whether he said it or not does not matter because interpretation is ALWAYS subjective.

[Beestie]

Originally Posted by piercehawkeye45

Whether he said it or not does not matter because interpretation is ALWAYS subjective.

While true, it is not a justification of or an endorsement of subjectivity. Subjectivity is a shortcoming that must be overcome in order to provide fairness.

You are equating subjectivity to fairness. Subjectivity is objectivity compromised by bias - any bias - the bias of an ignorant, rich white guy (9 ignorant, rich white guys passed the civil rights act, by the way) ruling on the plight of migrant farm workers or the bias of a Latino woman who may be called upon to rule on an anti-trust case.

I agree that no one on the court is free from bias. I do not agree that subjectivity is a goal of the judicial system. The judicial system strives for the unattainable goal of being free of bias and subjectivity.

Its up to the prosecutor and the defense attorney to make the judges aware of and sympathetic to the unique circumstances of each case. Its up to the judges to apply the law without regard to their personal agendas and beliefs. If the judges are the ones supplying the subjectivity then neither side needs a lawyer.