Sotomayor’s oath: fingers crossed? — VOICES for REASON

If confirmed by the Senate, Judge Sonia Sotomayor will have to take the oath of office that every Supreme Court justice is required to recite. Pursuant to Title 28, Chapter I, Part 453 of the United States Code, Judge Sotomayor will be expected to “solemnly swear (or affirm)” that she will “faithfully and impartially discharge and perform all the duties incumbent upon me” as a Supreme Court justice under the Constitution and laws of the United States. (I added the boldface to that quotation.)

But Judge Sotomayor cannot honestly recite this oath. Why? Because she is on record as believing that judicial impartiality is an impossible dream. “. . . [O]ur experiences as women and people of color affect our decisions,” she said in a 2001 speech. “The aspiration to impartiality is just that–it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.”

So, will Sotomayor cross her fingers when taking the oath of office, in an attempt to nullify her rank hypocrisy? All superstitious nonsense aside, a judge who declares herself helpless to resist the influences of gender, upbringing, and ethnic heritage when judging cases does not deserve to be elevated to the Supreme Court.