Justice Brett Kavanaugh is accustomed to unrelenting personal attacks from the left that began with his nomination to the Court. This week, however, the ad hominem insults came not from cable programs but a colleague. Justice Sonia Sotomayor used an appearance at the University of Kansas School of Law to level a personal dig at Kavanaugh as an out-of-touch elitist.
I have long criticized the growing number of public statements by justices on controversial subjects and cases, including Justice Sotomayor. However, this appearance represented a new low in lashing out at a colleague as effectively blinded by his own privilege.
In her comments, Sotomayor raised Kavanaugh’s concurrence in Noem v. Vasquez Perdomo:
“I had a colleague in that case who wrote, you know, these are only temporary stops. This is from a man whose parents were professionals. And probably doesn’t really know any person who works by the hour… Those hours that they took you away, nobody’s paying that person. And that makes a difference between a meal for him and his kids that night and maybe just cold supper…”
She then referred to her own background as giving her experience and knowledge that is apparently missing in colleagues such as Kavanaugh:
“Life experiences teach you to think more broadly and to see things others may not. And when I have a moment where I can express that on behalf of people who have no other voice, then I’m being given a very rare privilege.”
It was reminiscent of Sotomayor’s reference to being a “wise Latina” on the bench. While on the Second Circuit, then-judge Sotomayor explained that her life experiences offered a “difference” not shared by other colleagues. In a 2001 lecture at Berkeley law school titled “A Latina Judge’s Voice,” she heralded the difference that “our gender and national origins may and will make … in our judging.”
In her latest comments, she is suggesting that her interaction with hourly wage earners allows her to see things that Kavanaugh does not in these cases. The claim that she “sees things that others may not” suggests that the privileged, insulated existence of Kavanaugh blinds him to the true merits of cases before him.
Notably, Justice Sotomayor also told the students and faculty that she has a friendship with most, but apparently not all, of her colleagues:
“I dare say that with virtually all of them, I certainly have a civil relationship. And with many of them, I think I dare say that I have a friendship,”
After this speech, I would not expect a social media friend invite from Kavanaugh.
It is true that Kavanaugh went to elite schools, but so did Sotomayor, who graduated from Princeton and Yale.
Both of Kavanaugh’s parents were indeed lawyers, but it is odd that Sotomayor would miss the compelling story of his mother, Martha. She was a history professor who went to law school while raising a family and eventually became one of the minority of women on the state bench. That would also seem to be “gender origins” that Sotomayor previously cited as key in her view of impactful judging.
However, what was most striking was Sotomayor’s backhanded suggestion that Kavanaugh “doesn’t really know any person who works by the hour.” The suggestion is that he has avoided — and continues to avoid — interactions with people who get paid on an hourly basis — while she is more inclusive in her circle of friends. It is obviously false, but more importantly, petty and unfair.
The attack suggests that, while she is a “wise Latina,” Kavanaugh is a privileged prig on the Court. The fact is that many blue-collar (if not most) workers identify more with aspects of Kavanaugh’s jurisprudence. At a minimum, over half of the country is more likely to embrace his approach than that of Justice Sotomayor, who has been criticized for her comments in oral argument on issues ranging from abortion to puberty blockers to COVID restrictions.
Justice Kavanaugh has distinguished himself in public service, including work with the homeless.
Justice Sotomayor has repeatedly raised eyebrows with her comments off the bench, including seemingly calling on lawyers and students to join in a political campaign to change abortion laws.
In her favor, Justice Sotomayor has also defended colleagues like Justice Clarence Thomas, explained the reasonable disagreements among the justices, and opposed rationales on the left for packing the court. She is not someone who I view as gratuitously rude or cruel. I believe that she values collegiality and the Court as an institution. However, this was another injudicious moment during public events.
There is a wide chasm between the jurisprudence of these two justices. However, that difference is due to fundamental and principled differences in how courts should approach constitutional and statutory interpretation.
Yet, these comments were a disturbing departure from the tradition of collegiality and civility on the court. It was unfair and unwarranted. Hopefully, Justice Sotomayor will take an upcoming occasion during her speaking tour to withdraw the comment.
That would be the “wise” thing to do.
Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
Turley– “The fact is that many blue-collar (if not most) workers identify more with aspects of Kavanaugh’s jurisprudence.”
Undoubtedly true.
A plumber or mechanic who has to get it right recognizes a DEI fraud inflated with hot air.
Unfortunately, thanks to Democrats, and particularly Obama, we have DEI incompetents in places like aviation control towers where not getting it right is truly dangerous.
For clarity, imagine Ketanji in a control tower at a busy international airport.
Yet she gets a seat on the Supreme Court as a prize for checking race, gender and stupidity boxes. Same with The Wise Latina…or is it Wide Latina?
Liberals view themselves as the aristocracy, the hereditary ruling class of nobility and anointed by God to be the leaders of the world. They look down on other people, e.g., the rest of the world.
This is truly disgraceful. Unfortunately, the absence of decorum — and attention to legal and societal rules — seems to be a phenomenon that characterizes the holier-than-thou, hypocritical left. I’ve long wondered why some of these people think the rules don’t apply to them, whether any of the left wing of the current SCOTUS, Boasberg, or any of a number of current offenders — or others no longer with us, notably RBG and her huge cult of personality, not only don’t think the rules don’t apply to them, but are not held accountaable. Importantly, their behavior is contrary to the Canons of Judicial Ethics and the Code of Conduct for Federal (and other) Judges. Some relevant excerpts: Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary. … A judge should maintain and enforce high standards of conduct and should personally observe those standards, so that the integrity and independence of the judiciary may be preserved. Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities. … A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. … A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment. A judge should neither lend the prestige of the judicial office to advance the private interests of the judge or others nor convey or permit others to convey the impression that they are in a special position to influence the judge. Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently. … A judge should be faithful to, and maintain professional competence in, the law and should not be swayed by partisan interests, public clamor, or fear of criticism. A judge should hear and decide matters assigned, unless disqualified, and should maintain order and decorum in all judicial proceedings. … A judge should not make public comment on the merits of a matter pending or impending in any court. … The prohibition on public comment on the merits does not extend to public statements made in the course of the judge’s official duties, to explanations of court procedures, or to scholarly presentations made for purposes of legal education. … A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances in which: the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter, or the judge or lawyer has been a material witness; the judge knows that the judge, individually or as a fiduciary, or the judge’s spouse or minor child residing in the judge’s household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be affected substantially by the outcome of the proceeding; the judge or the judge’s spouse, or a person related to either within the third degree of relationship… . Canon 5: A Judge Should Refrain From Political Activity. General Prohibitions. A judge should not: act as a leader or hold any office in a political organization; make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office; or solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization. Hmmm. For thee and not for me seems to be the interpretation by the left.
I am surprised that Sotomayor is such a nasty person at this point, I mean it has been a great couple of years for her as she now is only the second dumbest Justice to have served in living memory. Congrats Justice Sotomayor, your legal ineptitude is now over shadowed by Katanji Brown Jackson complete lack of understanding of her role, the Court’s role, the Constitution’s role and the role of statute and precedence.
As a “wise Latino”, I cringe when Sotomayer plays the race card. To non-Latinos, we’re not that dumb. There have been times from the bench that she fails to know very basic tenets of the law and has to be saved by Justice Kagan or the lawyer arguing the case. She has resorted to arguing from the bench instead of listening to answers from the litigants. When the responses aren’t to her liking, she moves the goal posts. Many of her opinions read as criticisms instead of reasoned dissents or concurrences. I will never forgive Obama for her nomination.
So Sotomayor’s concern is with overtime and holiday pay? Let’s break court employees’ salaries into hourly wages. Just pay her that amount as clocked by a timeclock. I’m in favor of all jobs as salaried jobs and time is the variable. Pay me for 40 hours as a salary. If I get the work done in 30 hours, good for me.
Peace
^^^ Labor stats show only 7% of labor are self employed or gig workers. Approx 60% are hourly and 40 salaried. Hourly involves overtime in the fair labor act. Sotomayor isn’t self employed. What’s her point?
Labeling things as racist to shut people up is passe.
I wish Sotomayor would sound more like a Supreme Court jurist than a “wise Latina”; her deviations into “lived experience” compromise her judicial objectivity.
Dear Prof Turley,
The SCOTUS decision, supported by Kavanaugh, allowing masked ICE agents to roam the country like an invading army, without any apparent rules of engagement, was a violation of both the letter and spirit of the U.S. constitution.
As I understand it, the lower courts are overwhelmed with a backlog of citizen ICE grievances – something Kavanaugh, to his credit, has rightfully pointed out cannot all be addressed/overturned by SCOTUS.
I read with interest recently Trump has achieved 100% Approval among the MAGA faithful . .. so I came here myself to see if that was true.
*Justice Kavanaugh, like Sec. Whiskey Pete, likes BEER. Ok? American beer . ..
Nothing says out of touch like sharing an SNL clip.
DG is know for this…
DG
allowing masked ICE agents to roam.
***************************
What about SWAT…
Remember just a few years ago, when you libs were screaming at everyone to put on their mask.
The norms of the Supreme Court and our entire judiciary are being blown away. Leaks, sniping. Federal judges making decisions that are clearly wrong because of their political ideologies. The courts used to be the only branch that maintained decorum. Not anymore.
She’s demonstrated over and over again that she’s a hypocrite, racist and narcissistic beeyatch.
She pretends to be “one of you people”, kinda like Newscum minus the “I’m an idiot too”, but she fails at hiding her elitist origins.
She and Ketanji ought to share an office. Perhaps segregation of elitist, hypocritical and racist narcissists like them would be preferable to them.
Like her body habitus, her opinion of herself doth runneth over… maybe she should be referred to as Justice Oscar Meyer 😉
It is remarkable (and ironic) that Sotomayor did it again.
-I had just commented on her a few days ago, in response to a commenter who was defending Sotomayor against a criticism from hullbobby. I don’t save my comments and it took me a while to find it, but I did (from April 4, “We Must be Clear Eyed…”), and this is what I said, in part:
“I agree with you that Sotomayor is quite smart, but I do not consider any person as ‘exceptionally intelligent’ if he or she cannot approach an issue with a neutral and objective mindset. For me, that would not be Sotomayor, ….(in addition to her lack of decorum, carriage, and professionalism, notwithstanding any health issues). – And I find her opinionated engagement with young college and law students quite offensive and unprofessional, especially re: her urging students regarding the Texas Abortion law.”
I now further note that Sotomayor has yet AGAIN, yet AGAIN, yet AGAIN chosen young, impressionable college and law school students to be her audience for her most critical (and criticized) comments. What be her motive, say I?
Lin,
That is an astute observation re: “. . . I do not consider any person as ‘exceptionally intelligent’ if he or she cannot approach an issue with a neutral and objective mindset.”
Well said.
As to her motive, it seems some people in various positions of power or influence are using their position to promote an ideology. While that is her 1stA right, traditionally SC justices reserved from making such comments as separation of their positions as justices.
What do you think, Lin?
With her biases known shouldn’t she recuse herself or is it justified in saying we bring our lives (souls) to court?
Justice Sotomayor, like Justice Jackson, is a fool. She would not recognize a constitutional principle if it bit her on her…, elbow.
I don’t believe, unlike Justice Brown, that’s Sotomayor is a fool or unqualified to serve on the Supreme Court. She is becoming increasingly injudicious.
The more I think about Justice Sotomayor’s comment about her fellow Supreme Court Justice the more I’m convinced that the elitist pompous ass Justice Sotomayor is a moron. She opened her mouth and shoved her foot in her mouth so far that her knee disappeared behind her elitist teeth. What a pompous ass moron!
I’m guessing the next time she opens her mouth in relation to this Justice Kavanaugh character smear will likely be to rationalize her words, essentially opening her mouth to change socks.
A straight up #1 apology from Justice Sotomayor using this Apology Scale is her ONLY ethical follow up remark.
Russia obtains its drones primarily through a combination of domestic production, a strategic partnership with Iran, and the sourcing of components from China and Western countries. The country has rapidly built a massive domestic industry, centered in the Alabuga Special Economic Zone, to produce thousands of Iranian-designed Shahed (rebranded as Geran-2) kamikaze drones. The real elitist are on the left all the way up to the Supreme Court. Sotomayor is just another put them into the basket of deplorables including Kavanaugh. Putin would be more than happy to second her motion.
And Sotomayor is somehow involved in drone production in Russia.
Sotomayor’s words are born of resentment and her deep fear of inferiority. Were it that she possessed and wished to impart wisdom, she would be wise enough not to discredit herself and her message by revealing her inner pettiness. Were she truly wise, she’d elevate herself to the dignity of the court, not lower herself to the bitterness of the barrio.
It is becoming more and more observable that the progs have nothing to offer this nation but hate, chaos, division, false promises of a utopia on earth and a never-ending string of blames for anything that conservatives do. I do wish the progs could look in a mirror and see what they are trying to sell to the nation. Sure there will be naive fools that want, and will believe, that free stuff will come there way if they vote Dem but even the “Great and Powerful Oz” was exposed by a small dog pulling back the curtain and that is what we are seeing i, first with DOGE, and later with independent investigative reporters, that the promised utopia never will exist and many have gotten extremely wealthy on the taxpayer’s dime.
nothing to offer this nation but hate, chaos, division, false promises of a utopia on earth and a never-ending string of blames for anything that conservatives do…
So says the hatemonger herself. Do you introspect much?
Pointing out the obvious is not hateful, it is necessary for re-adjusting the “off-the-rails” progressive ideology that produced this mess and that we now refer to as the rump democrat party. What is hateful are posters such as yourself that never offer any intellectual/historical/logical information but constantly harangue and insult other posters. It must be horrible to be inside your head 24/7 with all that vitriol sloshing around in that emptiness.
@whimsicalmama
Nothing to add, perfection. Anyone that still thinks they are somehow voting for the party of JFK (looking at you, crusty old hippies that still think you’re fighting the power, and your progeny, too) is delusional. Wake UP. I still see this in my uber-blue hometown with people in their 70s or even 80s who should know better given what they have lived through. It is truly madness.
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He is an elitist. That is true. Also he was never given a proper background check by the FBI. The FBI did not properly investigate the allegations against him by Ms. Ford in high school and they did not investigate what he did when he was drunk at Yale. The elite are subject to different standards than the rest of us.
That comment is clear evidence that you swallowed the anti-Kavanaugh propaganda.
So what, Anonymous? That’s not the point.
ATS – Kavanaugh received Multiple FBI background checks. At the request of left wing nut senators – they did it all AGAIN.
Then the Senartors invited every left wing loon on the planet free airtime on national TV if only they would spout made up nonsense about Kavanaugh.
And the FBI then investigated an disproved it all.
With respect to Sotomayor – her remarks are exactly why she should not be on the court.
No it is NOT the role of justices to empathize with one side or the other regarding cases before them.
It is their role to rule on the constitution and the law – even if they do not like the results.
Congress and the people get to change the law or the constitution if we do not like how they work.
Not SCOTUS – not judges,
But it is even worse than that.
While life is not a perfect meritocracy, The human conduction only improves to the extent that it is.
We MUST allow free individuals engaged in free exchange to act in their own interests – and we Must allow nature to reward or punish them based on the outcome of their efforts.
Rewarding failure is MORAL HAZARD.
It disincentivises the effort to succeed that improves the human condition.
.
The rate of improvement of the human condition was less than 1%/millenia for thousands of years – today in the US it is 2-5%/year – before the left screwed things up – it was 5-8%/yr.
No social program, no empathy, no public entitlement does more for ALL of us than a sustained high rate of improvement in standard of living – GROWTH.
Kill that you move us all back towards the abysmal conditions of the past.
Nearly everything the left cherishes is a LUXURY – contingent upon a high standard of living.
Cave men had free healthcare – NONE. Anything that requires taking something from others is NOT a right,
and is very dangerous – as it undermines the engine of human improvement.
…”Hopefully, Justice Sotomayor will take an upcoming occasion during her speaking tour to withdraw the comment.”…
Why should she withdraw the comment, Sotomayor is Retiring sooner than Kavanaugh. She only gave the comment with impunity (or equally elitist rhetorical), as she know that her exit from the SCOTUS is sooner rather than later.
It is better said openly then set into seethe.