A small word of praise for Judge Sotomayor’s “Latina Woman” comment:

Here's a guest post from Marie Failinger, associate dean of Hamline Law School and member of the Infinity Project.

A small word of praise for Judge Sotomayor’s “Latina Woman” comment:

Lots of pundits have tried to excuse Judge Sotomayor’s “wise Latina woman” comment as an offhand remark or suggest that we should give her points for telling the truth about judges in a political climate where nobody quite says his or her mind for fear of the repercussions down the road. Few have suggested that perhaps her comment reflects a positive character trait: that she’s self-reflective. Harvard Law Prof. Martha Minow perhaps put it best when she noted that those in the majority or in power tend to unconsciously assume that their viewpoints are impartial and objectively “real,” the truth about the world from which others’ viewpoints should be judged. Maryland Law Professor Sherrilyn Ifill on the American Constitution Society website notes that many citizens unconsciously assume that white male judges are neutral and impartial once they don the black robe, while others are not.

Yet, a judge who recognizes the fact that she is situated in a particular culture and personal history is more likely to be on the lookout for her own hidden assumptions about “the way things are,” biases about others, things she needs to learn and questions she needs to ask before making a decision. A judge who rarely questions whether his judicial views might be affected by his upbringing or culture is probably not a very self-reflective person. Armed with self-knowledge and the ability to engage in self-critique, a judge can approach the task of deciding a case always questioning whether she’s trying to justify her own existence and values in her judicial decisions. While judicial self-questioning may not comfort the average citizen with the veneer of a wise, all-knowing judge watching over American justice, it is more likely to produce real justice for everyone.