Word: genderism
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...Moderate on the Bench Although Sotomayor's speeches raise legitimate questions about her views on essential race and gender differences, the best evidence that she is no radical multiculturalist in the courtroom is found in her judicial opinions. Here she appears to be an incrementalist rather than a radical of any stripe. In a survey of Sotomayor's 226 majority opinions, Stefanie Lindquist, a law professor at the University of Texas at Austin, found that only 38% could clearly be characterized as liberal, while 49% could clearly be considered conservative. When the criminal cases (in which appellate judges are encouraged...
...Richness of Experience The first speech in which Sotomayor introduced the "wise Latina" theme was delivered in Puerto Rico in 1994 and focused not on race but on gender. Sotomayor was responding to an article written by a colleague, Miriam Goldman Cedarbaum, a federal judge in New York. Cedarbaum, like Justice Sandra Day O'Connor and Justice Ruth Bader Ginsburg, was an "equal treatment" feminist, who had expressed concern about the premise that women judges necessarily approach cases differently than men do. "Generalizations about the way women or men are," Ginsburg famously said, "cannot guide me reliably in making decisions...
...better conclusion" - and then defines "better" as a "more compassionate, and caring conclusion." She also recommends a 1993 article in Judicature, a legal journal, that found that women judges reached different conclusions from men in employment-discrimination cases but not in obscenity or criminal cases. The claim that gender makes a difference in some categories of cases is widely accepted today, but academic theorizing about women's essential differences still remains hotly debated...
...When Sotomayor gave her speech in 2001 at California's Berkeley School of Law, "A Latina Judge's Voice," she added "people of color" to the earlier passages that focused on gender. "I wonder whether by ignoring our differences as women or men of color we do a disservice to the law and society," she wrote in a 2002 article based on the talk. And yet it is hard to portray her speeches as those of someone committed to the view that all women and minority judges have essentially different perspectives than white male judges. "No one person, judge...
...civil rights cases - including race, gender and immigration appeals - Sotomayor tilts more to the left; Lindquist characterized her majority opinions as 54% liberal and 46% conservative. But when you break out the seven majority opinions involving race, only three rule in favor of the discrimination plaintiffs. It's in the immigration and gender cases that Sotomayor shows clearer signs of liberal leanings: out of 28 majority opinions in immigration cases, Sotomayor decided in favor of the immigrant in 17, or 61%. And in four gender cases, involving sex discrimination and sexual harassment, she decided in favor of the plaintiff...