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If Sotomayor were a man

May 29, 2009 12:29 pm ET by Eric Boehlert

Would the NYT ever dream of typing up a straight news article about whether the judge was too bossy on the bench? I can't imagine the newspaper would, simply because when male judges assert themselves they're often cheered and they build careers around that, but apparently when a woman judge does it, she's a you-know-what.

But the press has ceded the Sotomayor 'debate' to the right-wing, so if they say there's a problem with Sotomayor's temperament, the press, including the Times, feels duty bound to puff it into news, so that's what the newspaper does today, and yes it will make your head hurt.

The headline:

Sotomayor’s Sharp Tongue Raises Issue of Temperament

And the guts:

Judge Sonia Sotomayor, President Obama’s Supreme Court choice, has a blunt and even testy side, and it was on display in December during an argument before the federal appeals court in New York. The case concerned a Canadian man who said American officials had sent him to Syria to be tortured, and Judge Sotomayor peppered a government lawyer with skeptical questions.

The example the Times then details to showcase Sotomayor's "testy" side--the Canadian man sent to Syria--is so pedestrian as to be comical; she interrupted a lawyer with questions. Again, male judges do this all the time. But at the Times because Sotomayor did it, and because the right-wing is pushing the idea that she's a bitch, reporters type it up as news.

And FYI, at no time during the nomination process of notorious legal hot head Antonin Scalia did the New York Times news team ever devote an entire article, let alone a single sentence, to examining his "temperament."

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    • Author by Tbone Slickens (May 29, 2009 1:24 pm ET)
        6
      Well if she were a man she'd of never got away with the latina/white statement.

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      • Author by ReasonAndResolve (May 29, 2009 1:32 pm ET)
        2  
        Unless she were a white, Italian man like Justice Alito, right? You are applying a double-standard that exposes you as a tool of the right-wing. Best of luck with that.
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        • Author by LuvLuLu (May 29, 2009 7:21 pm ET)
             
          Yes, exactly. Alito made an identical comment, but I bet no person on the right ever objected to it.
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      • Author by NiceguyEddie (May 29, 2009 4:13 pm ET)
        1  
        Sure she would. Saying that you're heritage gives you unique experience and values that improve your ability as a judge is almost universal. I hear Italians and Irish make this claim all the time. (And last time I checked, those groups are both white.) Besides, she didn't say what you said she said. You're not only taking it out of context, you actually have to chaneg the words to reach the conclusion you do. Having pride in your cultural heritage is not racism. (And to cut of the idiotic "what if your white" question - the KKK (David Duke) goes a bit "havign pride in your heritage.")
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    • Author by mattcable250650 (May 29, 2009 1:38 pm ET)
      2  
      Glenn Greenwald (A lawyer who argued a few cases before Judgee Sotomayor) says of her temperament:

      It's certainly true that she was very assertive and aggressive -- at times unpleasantly so -- in how she presided over her courtroom.


      BUT

      that behavior -- for judges -- is the opposite of uncommon.


      In other words, Sotomayor is being criticized for being a normal, regular, plain-vanilla type judge.

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    • Author by thebewilderness (May 30, 2009 3:12 pm ET)
         
      There are only so many ways the corporate media can say "uppity woman" without coming right out and saying it.
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