Supreme Court Justice Sonia Sotomayor is often recognized as a liberal jurist who typically aligns with her left-leaning colleagues, Justices Elena Kagan and Ketanji Brown Jackson, on nearly every issue, as the trio tends to act in unison. Ketanji Brown Jackson, in particular, appears to base her decisions more on personal belief than on that ‘problematic’ Constitution of ours.
However, Sotomayor has now introduced a new descriptor to her profile: “obnoxious.” During an appearance at the University of Kansas School of Law on April 7, the Obama-appointed justice took the unusual step of personally criticizing her colleague, Brett Kavanaugh. She expressed her discontent with Kavanaugh’s concurring opinion in a 6-3 ruling concerning immigration, showing her clear disagreement with his perspective:
Sotomayor did not refer to Kavanaugh by name, but she suggested that the author of the concurring opinion did not understand the actual impact of such stops. In particular, she appeared to imply that Kavanaugh had led a sheltered or privileged life, telling the audience that the opinion had come from “a man whose parents were professionals. And probably doesn’t really know any person who works by the hour.”
That’s just plain rude and discriminatory toward someone based solely on their background. It doesn’t sound very “woke” to me. Furthermore, the point she tried to make is ridiculous: just because someone’s parents were “professionals” doesn’t mean they’ve never met an hourly worker or even held a starter job themselves at some point.
She continued to present a high-minded vision of herself and her supposed superior ability to understand ordinary people. It clearly seemed like another jab at 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.
Here’s the thing. Cases before the high court shouldn’t be decided on “feelings” or “emotions” or “lived experiences.” Justices should decide cases based solely on whether the law or issue at hand comports with the Constitution and current statutory law, period. You don’t need to have a background in hourly wage work for that; you need a solid legal mind and an education in American political science and origins.
And in any case, while Sotomayor grew up in the Bronx, she also went to Ivy League Princeton, with follow-on attendance and graduation at Yale.
Supreme Court justices, especially those who are more refined, typically do not allow their personal conflicts to be displayed in public. They are expected to be more sophisticated and above such petty attacks.
On Wednesday, the justice who was in conflict offered an apology to Kavanaugh. However, it remains unclear whether Chief Justice John Roberts required her to do so. Regardless, it was time for her to acknowledge her mistakes:
“At a recent appearance at the University of Kansas School of Law, I referred to a disagreement with one of my colleagues in a prior case, but I made remarks that were inappropriate,” Sotomayor said in a statement issued by the court. “I regret my hurtful comments. I have apologized to my colleague.”
Jonathan Turley, a Professor of Law at George Washington University Law School and a well-known legal expert, wrote in an article titled “Contempt of Court: Justice Sotomayor Suggests Justice Kavanaugh is an Uninformed Elitist” that her comment was fundamentally 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.
The liberal wing of the Supreme Court is often criticized by conservatives for their actions. In this instance, Justice Sotomayor attempted to undermine the reputation of the nation’s highest court, but in doing so, she only compromised her own dignity. If she isn’t thoroughly embarrassed by her behavior, she truly should be.