In a June 3 article, Associated Press writer Julie Hirschfeld Davis asserted as fact that a remark in a 2001 speech by Judge Sonia Sotomayor has “fueled suspicions among conservatives that Sotomayor fits the mold they have long accused Democrats of using for choosing judges: that of an activist who will bring her political views and personal agenda to interpreting the law.” But in writing that Sotomayor's remarks have “fueled suspicions” that she is “an activist who will bring her political views and personal agenda to interpreting the law,” Hirschfeld Davis ignored several facts: “suspicions” aside, conservatives reportedly have been very clear about their intentions to oppose President Obama's nominee, no matter who it was, for political and fundraising purposes; critics have taken the comments out of context, giving no indication that they have read the speech in which those comments were made; and conservative Supreme Court justices have acknowledged that they, too, are influenced by personal perspectives and experiences.

As Media Matters for America has noted, according to reports in The New York Times and Politico, conservatives and Republicans had said before the nomination of Sotomayor that they intended to use the confirmation process of the nominee -- regardless of who it was -- to “help refill depleted coffers and galvanize a movement demoralized by Republican electoral defeats”; “build the conservative movement”; provide “a massive teaching moment for America”; “prepare the great debate with a view toward Senate elections in 2010 and the presidency”; and “hurt conservative Democrats” -- all motivations that have nothing to do with the criteria senators should consider in exercising their constitutional responsibility to provide “advice and consent” on judicial nominations. Indeed, conservative activist and law professor Robert George reportedly acknowledged, “For [the conservative base], this is about the future of the Republican Party, not who is going to sit on the Supreme Court,” and another conservative activist, Manuel Miranda, reportedly said of the confirmation process: “It isn't just about the nominee.”

Further undermining the sincerity of their “suspicions” is the fact that Sotomayor's critics have seized on the “wise Latina” remark, highlighting it with no reference to its context and no indication that they have actually read the speech. As Media Matters has noted, Sotomayor made the comment in the context of a discussion about the importance of diversity of experience on the federal bench, the important role women and minorities played in persuading all-male Supreme Court panels to hand down groundbreaking civil rights decisions, and the relevance of background and experience in judging.

Moreover, in writing that the comment “has fueled suspicions among conservatives that Sotomayor fits the mold they have long accused Democrats of using for choosing judges,” Hirschfield Davis is perpetuating the conservative myth that Democrats choose activist judges and that only those judges are affected by their personal backgrounds and experiences. In fact, as Media Matters has noted, then-Judges Clarence Thomas and Samuel Alito each acknowledged the significant impact that their personal background and experiences have had on their judicial thinking. Alito asserted during his 2006 confirmation hearing, in part: “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.” During Thomas' Supreme Court confirmation hearings, Sen. Herb Kohl (D-WI) asked, “I'd like to ask you why you want this job?” Thomas replied in part: “I believe, Senator, that I can make a contribution, that I can bring something different to the Court, that I can walk in the shoes of the people who are affected by what the Court does.”

From the June 3 Associated Press article:

Sotomayor, 54, had an auspicious first day of face-to-face meetings -- known as “courtesy calls” -- with Senate leaders and Judiciary members, keeping mum as senators in both parties said positive things about her record and experience.

Still, Republicans said they're concerned about a speech she made in 2001 in which she said she hoped her decisions as a “wise Latina” would be better than those of a white male judge without similar experiences. The remark, among others, has fueled suspicions among conservatives that Sotomayor fits the mold they have long accused Democrats of using for choosing judges: that of an activist who will bring her political views and personal agenda to interpreting the law.

Senators and their aides will soon be deluged with even more rulings and statements on which to base their defenses and criticisms of Sotomayor. She plans to respond soon to a detailed questionnaire that delves into personal and financial details, her experience as a lawyer and judge and even her selection as a nominee -- including whether she was asked about any case or issue that could come before the Supreme Court, and what she said.