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Sessions Hits Sotomayor For Being Influenced By Heritage — But He Voted For Alito

This is an obvious point, but no one else wants to make it, so here goes. During his questioning of Sonia Sotomayor today, Senator Jeff Sessions hit her for acknowledging her heritage influences her judging, saying this “goes against the American ideal.”

But Sessions, of course, voted to confirm Samuel Alito, who made almost exactly the same point about heritage that Sotomayor did. Today Sessions said to Sotomayor:

You have evidenced, I think it’s quite clear, a philosophy of the law that suggests that the judge’s background and experiences can and should and naturally will impact their decision — what I think goes against the American ideal and oath that a judge takes to be fair to every party. And every day when they put on that robe, that is a symbol that they’re to put aside their personal biases and prejudices.

That’s a reference to Sotomayor’s now-infamous “wise latina” speech. But as many others have noted, here’s what Samuel Alito acknowledged during his 2006 confirmation hearing:

[W]hen a case comes before me involving, let’s say, someone who is an immigrant — and we get an awful lot of immigration cases and naturalization cases — I can’t help but think of my own ancestors.

When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.

This sort of garden-variety hypocrisy is so constant in Washington that no one blinks at it, except perhaps for legal analyst Jeffrey Toobin, who said today that Sessions implied that “being a white man, that’s normal. Everybody else has biases and prejudices.”

It’s actually weirder than that: Sessions’ questioning, combined with his vote for Alito, suggests that it’s okay to have biases and prejudices — as long as you’re a white man.

Update: A reader rightly points out that WaPo’s Eugene Robinson made a point in his column today that’s similar to Toobin’s.

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Posted by Greg Sargent | 07/14/2009, 02:00 PM EST | Categories: Senate Republicans, Supreme Court

10 Responses

  1. Kristine | July 14th, 2009 at 02:11 pm

    Sessions’ questioning, combined with his vote for Alito, suggests that it’s okay to have biases and prejudices — as long as you’re a white man.

    That IS what he said – he didn’t have to suggest it. This is the modern Republican party. They are who we thought they were.

  2. EducatednBlack | July 14th, 2009 at 03:15 pm

    Well, as a black man I’ve long known that to be the case, everythign is fine as long as you’re white. We’re allowed to advance and progress, but “just don’t move to the front of the line too quick, or u might scare the white people” and Sotomayor has certainly done so.

  3. Kristine | July 14th, 2009 at 03:44 pm

    EducatedBlack,

    Amen!

  4. AllButCertain | July 14th, 2009 at 04:21 pm

    I wonder how seriously Sessions even takes himself. I saw him making similar comments in an interview last week, but with a smile as if he were just going through the motions. I think the Republicans feel they have to mount an offense of some kind, and this is all they can come up with. Of course, it once again puts them in the position of sounding like white supremacists.

  5. Mike | July 14th, 2009 at 10:09 pm

    But remember, white people do not have cultural biases or formative experiences. Therefore, their views by definition cannot be prejudicial.

  6. Frank | July 15th, 2009 at 09:48 am

    “But remember, white people do not have cultural biases or formative experiences. Therefore, their views by definition cannot be prejudicial.” – Is this an attempt at sarcasm? Quite the contrary. This goes for all racial groups in the United States. What elected and appointed official in the US does not have cultural biases and prejudices. It is ingrained in our societal and cultural experiences from birth.

  7. JR | July 15th, 2009 at 10:12 am

    As a mixed race person, I’m tired of the race card being play’d! First of all it was the republicans that freed the slaves, and it has been this country that has given all races an education to better them selves… yet it is easy to point to some and blame them for failure. Would I be a racist if I hate stupid people? I don’t think so! But there is no way any of you would allow a dumb doctor to operate on you, I don’t care what race they were… So if we don’t question those that are going to lead, how dumb are we then? I see both sides trying to find out if she will be a fair and constitutional judge. If you are not liberal or for liberal ideas you are a racist or just wrong… Our diversity in America with open ****, interracial marriages and freedom of religion or anti religion…is exactly what terrorist want to destroy and the main reason they hate America…As American soldiers die (all race’s) to protect the above mentioned, idiots in congress want to prosecute them for killing the terrorist! GOD BLESS AMERICA

    So is Sotomayor going to be the judge that sets aside the constitution and the safety of our country just to please one group of people.

    The wrong black man is president!!! I wanted Colon Powell for president back before Clinton was President.

  8. JR | July 15th, 2009 at 10:15 am

    really they censored the “G” word for homosexuals, wow!! this country is going to H E double hockey sticks…..

  9. JR | July 15th, 2009 at 10:22 am

    I don’t care if I offend some one for what I say! And I don’t get offended what others have to say… Stand up for what you believe and say it with truth don’t be weak and angry at those who are stupid and ignorant. This is the wrong country if you want everything handed to you, get off your lazy butts and get it done your self. The government is and should only be there to protect us from foreign domestic enemies………

  10. JR | July 15th, 2009 at 10:31 am

    How many African Americans along with Hispanics voted down same *** marriages in Californication-ia…

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