Tuesday, June 7, 2016

Racism?

Speaker Ryan has described a statement by Donald Trump as textbook racism.  No equivocating, no offering of mitigating circumstances, just racism.  This is the presidential nominee of his party.  I have no knowledge of the Trump University lawsuit and that is irrelevant to my point.  Some years ago, a judicial nominee said this:

"I would hope that a wise Latina woman with the richness of her experiences would, more often than not, reach a better conclusion."
Supreme Court Justice Sonia Sotomayor

Is that racist?  Maybe sexist?  She is Latina and that make her better.  How about this one:

But she is a typical white person, who, if she sees somebody on the street that she doesn't know, you know, there's a reaction that's been bred in our experiences that don't go away and that sometimes come out in the wrong way, and that's just the nature of race in our society.
Barack Obama regarding his grandmother

I can just imagine how well that would have gone if a white politician had said 'typical black person.'  All these years later, we would still be watching the clip whenever that politician was in the news.  Here is what Trump said:

“He is a Mexican. We're building a wall between here and Mexico. The answer is he is giving us very unfair rulings -- rulings that people can't even believe.”
Donald Trump on Judge Gonzalo Curiel

Based on how President Obama and Justice Sotomayor view race, Trump is making a valid point.  Obama and Sotomayor think that race leads to biases, either for good or ill.  Trump is agreeing with them.  But is there really a reason to suspect Judge Curiel?  Yes.  He is a member of The Race Lawyers of California, that race being Latino and Chicano.  Oh, that should be La Raza, not The Race.  Sorry, shouldn't have translated that bit.  You show me the Caucasian Lawyers Association and tell me that wouldn't be considered a branch of the KKK.  Race is in the name!  No, it is not affiliated with the National Council of the Race, er... La Raza but it is an exclusionary club.  Isn't that bad?

That is not how it is supposed to be.  Justice is blindfolded for a reason.  The law, as applied by judges, should be indifferent to the races of the litigants.  Though it is difficult to achieve, a judge should seek to be impartial.  People are rarely impartial, especially in matters that interest them.  I could be amazingly impartial in judging baseball because I have no interest in it.  Economic theory?  Sorry, I'd have to recuse myself because I have very strong opinions and have already made up my mind.  Former Attorney General Alberto Gonzales, himself a man of Mexican descent, said that Trump has a point.

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