On Thursday morning, NewsBusters' Tim Graham asked, "Mark Levin Says Damaging New Sotomayor Texts Emerging: Will Media Notice?"
Given the small amount of attention yesterday's revelation that Supreme Court nominee Sonia Sotomayor made extremely similar derogatory comments about men back in 1994 as she did in 2001, the answer appears to be "No."
As most readers are aware, Sotomayor uttered the following roughly eight years ago during a lecture at Boalt Hall, the University of California, Berkeley's, law school:
Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.
As Graham pointed out, Greg Sargent of the Washington Post's Who Runs Gov site found that Sotomayor said almost exactly the same thing in a speech given at the 40th National Conference of Law Reviews on March 17, 1994:
Justice O’Connor has often been cited as saying that "a wise old man and a wise old woman reach the same conclusion in dueling cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes the line to Supreme Court Justice Coyle. I am not so sure that I agree with the statement. First, if Prof. Martha Minnow is correct, there can never be a universal definition of ‘wise.’ Second, I would hope that a wise woman with the richness of her experience would, more often than not, reach a better conclusion.
As you can see, the only pivotal words missing were "Latina" and "white male." Yet, the derision towards men was quite apparent.
In fact, the text of both speeches is remarkably similar, with the overall theme being male jurists throughout American history have made bad judicial decisions, and women would done a better job.
As this proves such sentiments were not a misstatement or a bad choice of words on Sotomayor's part in 2001, and that, instead, this is indeed a firmly held belief of hers, one would think this was newsworthy.
Unfortunately not, for LexisNexis and Google News searches identified little interest in this revelation.
Although the Associated Press mentioned Sotomayor's 1994 statements in numerous pieces the past couple of days, major newspapers like the New York Times, USA Today, and the Washington Post (save Sargent's blog) have totally ignored them.
No mention of this occurred on the broadcast evening news programs Wednesday either.
For its part, CNN addressed the matter twice Wednesday, and once Thursday with Dana Bash reporting:
Meanwhile Sotomayor's Democratic supporters are now circulating this speech from 1994 where she gave some similar comments to those that are causing such controversy. Now she did not make racial remarks, but she did make clear that she thinks a woman can make a better decision -- reach a better conclusion than a man.
Now Lou, Democrats are saying that they sent this up to Congress when she was approved as a circuit court judge. Republicans didn't complain then. But a GOP aide I talked to responded saying all this does is prove that the White House claim is false when they say that she has a poor choice of words now in the controversial comments that everybody is talking about.
MSNBC's Keith Olbermann conveyed the same "why didn't Republicans complain in 1998" defense during Wednesday's "Countdown":
"The Plum Line" blog reporting that a 1994 speech, with almost the same line, addressing gender alone not ethnicity, was given to the Republican senators as part of her questionnaire package in 1998. No indication that anybody raised the complaint then, including Republicans who voted for her then.
Not surprisingly, Olbermann was just channeling Sargent's argument:
And though the 1994 speech was disclosed to Republican Senators as part of her confirmation for Court of Appeals in 1998, there’s no sign that anyone objected to it in any way.
The revelation raises fresh questions as to why the 2001 comments generated the controversy they did, and suggests that the comments are not as controversial as her critics claim. [...]
There’s no sign that any Republican Senators — seven of whom are still in the Senate — had any objection whatsoever to the comments when they reviewed them in 1998.
Why does that matter? Do two wrongs make a right? If Republican Senators missed this eleven years ago, or didn't feel it was important at the time, does that mean it shouldn't be important now?
It goes without saying there is far greater scrutiny given to Supreme Court nominees than those being considered for a district bench. As such, it's likely not at all out of the ordinary for things that didn't surface during one's district court nomination hearings to get great attention when you're being considered for the highest court in the land.
In the end, although CNN's Bash said this revelation was being disseminated by Sotomayor's Democrat supporters, it seems her backers in the press felt this was actually more damaging to the nominee than something that should be ignored now because it wasn't important eleven years ago.
After all, if media saw this as the smoking gun Olbermann and Sargent claimed, it likely would have been front-page news across the fruited plain Thursday, and all over the television Wednesday evening.
—Noel Sheppard is the Associate Editor of NewsBusters. Follow him at Facebook and Twitter.




















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Comments Policy
pathetic
June 4, 2009 - 14:31 ET by pcantidoteThe fact that she inserted the words Latina and white in her canned speech over the course of 1994-2001 demonstrates that she evolved (devolved?) to become not only sexist but a racist. Based on this you cannot say this was something she just said once and it was taken out of context. She has used the expression more than once and the second time was more harsh and divisive than the first, suggesting a conscious attempt to clarify the extent of her social immaturity.
Enforce Term Limits if They Won't: Vote Against ALL Incumbents in 2010.
So you must of been pretty
June 4, 2009 - 16:10 ET by goldbarSo you must of been pretty hot under the collar when it was discovered that Samuel Alito was a member of a club that excluded women and minorities.
→ goldbar
June 4, 2009 - 16:13 ET by Cool ArrowFor the sake of argument let's say your comment is true.
You are then doing nothing more than excusing bad behavior with bad behavior.
More condescending, patronizing excuses from the left.
"The Rule of Law is the only thing that separates us from Democrats" - a Firefighter
Notice how these trolls
June 4, 2009 - 16:25 ET by Chris NormanNotice how these trolls live under the bridge, waiting down here to comment on comments - and almost never offer anything on the original post? They think they're clever, but they come off just slimy.
The "Mainstream" Media: By liberals. For liberals.
Not unless his rulings
June 4, 2009 - 16:43 ET by pcantidoteNot unless his rulings reflected that he had issues with women and minorities, or worse, that he came out and told us that he had these issue. What do I care what private clubs he joins? Private clubs should be able to exlude whoever they want. Who was the club, La Raza? Sotamayor has come out and told us that she views the world through a racial and sexual lens. We do not even have to decipher this in her rulings.
Enforce Term Limits if They Won't: Vote Against ALL Incumbents in 2010.
Hatred of heterosexual
June 4, 2009 - 15:06 ET by mattmHatred of heterosexual white males, especially by less-than-attractive non-white females, is an acceptable form of bigotry in Obamatopia.
The real scandal
June 4, 2009 - 15:33 ET by KC MulvilleWho's kidding who? Harry Reid gave away the secret the other day when he admitted that he hadn't read any of her opinions.
Knowing that, Olbermann's objection is not only hollow, it's embarrassing. As Byron York reported, her original appointment was simply a routine political operation. There was little scrutiny. As for why the Democrats nominated her, the answer is obvious.
Once again, Olbermann and MSNBC have either displayed their ignorance or trumpeted their petty mischief.
What's the saying? "Hell
June 4, 2009 - 15:35 ET by BKeyserWhat's the saying? "Hell hath no fury..."
Anybody know if the Judge is married? Dating, maybe?
→ Tight shoes Keyser
June 4, 2009 - 15:41 ET by Cool ArrowHell hath no fury as a woman's corns?
"The Rule of Law is the only thing that separates us from Democrats" - a Firefighter
Yep! That's it!
June 4, 2009 - 15:58 ET by BKeyserLOL
I saw Fox News on in a
June 4, 2009 - 15:54 ET by Chris NormanI saw Fox News on in a store today with the sound off. There was a "news alert" banner at the bottom of the screen that had to be a typo. It said Sotomayor was worth "$1,000,000,000.". Now, I know judges are paid well and everything, but...
The "Mainstream" Media: By liberals. For liberals.
Dodomayor's net worth
June 4, 2009 - 17:20 ET by Sergeant ROCKWell, the way the value of the dollar is going... it won't be long and that will be accurate. Mininum wage will be about $615.00 per hour.
Now that's change I can believe in!
"I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."
George Mason
I read the 2002 speech (OK,
June 5, 2009 - 00:56 ET by maggieqpublicI read the 2002 speech (OK, I read most of it and skimmed the rest).
But just when I thought we may as well close down the law school where Sotomayor made her comments (no legal education taking place there)….. I remembered that John Yoo still teaches at Boalt.
Link to the usual suspects demonstrating….
http://www.indybay.org/newsitems/2009/05/16/18595415.php
Thank you, Professor Yoo.
Anyhow, back to Judge Sotomayor.... dear Senators, please, please, please ask this woman to explain her grievance-speak.
Man Haters Club
June 5, 2009 - 07:55 ET by CrashLadies and Gentlemen may I present Janeane Garofalo to the supreme court.
"A man with an experience is never at the mercy of a man with an argument." Hilmar von Campe