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Next entry: Prop 8 crazy in the mailbag Previous entry: Black and gay—and reclaiming ‘civil rights’

It’s crass to mention race, unless you’re holding it against someone

One of the most fascinating things about watching the identity politics meltdown on the right after Sonia Sotomayor’s nomination is the blithe assumption that men don’t have a gender and white people don’t have a race.  It’s the sort of thing people talk about a lot in abstract theoretical terms, but now you’re seeing it play out in real life. 

Example #1:

“Judge Sotomayor is a liberal activist of the first order who thinks her own personal political agenda is more important than the law as written,” said Wendy E. Long, counsel to the Judicial Confirmation Network, a conservative group. “She thinks that judges should dictate policy and that one’s sex, race and ethnicity ought to affect the decisions one renders from the bench.”

And example #2, from Senator Inhofe:

In the months ahead, it will be important for those of us in the U.S. Senate to weigh her qualifications and character as well as her ability to rule fairly without undue influence from her own personal race, gender, or political preferences.

Of course, white men utilize undue influence, called privilege, of their race and gender all the time.  But as the above comments demonstrate, people don’t see it that way, because we’re conditioned to think of white men as having neither race nor gender. 

Like I said yesterday, I’m almost startled at how quickly the right moved towards race-baiting.  You’d think that they’d try out a few other lines of attack before resorting to, “Fear the Hispanics!”, but no.  I guess that means they’ve got nothing else to attack her with, which makes sense, because Sotomayor is coming to her confirmation hearings with more experience as a federal judge than anyone sitting on the Supreme Court had before they got their jobs.  Of course, with the race-baiting, you’re going to get this disingenuous move of blaming the victim because she forced them to race bait by not showing the proper shame for being not white.  Thus, you have one wingnut after another pretending to be shocked, shocked I tell you, that Sotomayor made a speech where she acknowledged that the different experiences of different people might have some bearing on what decisions they make.  To find this offensive, you have to actually believe that white men don’t have a race or gender, therefore they can’t be influenced by race or gender.  Which, as the above statements demonstrate, is in fact the supposition that’s being made.

But the whole act of acting offended that someone would be so crass as to talk about racism in America is just a way to say that Sotomayor’s race should be held against her, without coming right out and saying it.  Over and over and over again, the assumption is that you can safely assume that Sotomayor is stupid, despite her years of experience and academic credentials, because there’s just no way a Hispanic woman could actually be that smart.  The concern troll argument against affirmative action has always been that if it’s in place, then people who benefit have to suffer under the assumption that they’re undeserving.  Obviously, said concern trolling is actually a threat.  But there’s no reason to think that if there was no such thing as affirmative action that conservatives wouldn’t find another excuse to argue that Sotomayor’s race and gender should be reason enough to dismiss her as stupid. 

 

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Posted by Amanda Marcotte on 12:22 PM • (31) Comments

This is the underlying argument (“White straight males don’t have a race, a gender or a sexual orientation!”) against the Federal Hate Crimes legislation.

Comment #1: stogoe  on  05/27  at  01:09 PM

I loved watching the Repubs attempt to paint Obama as a product of affirmative action and falling flat doing so.  Obama was such an impressive person, so obviously qualified as a matter of innate talents, that even where they did get traction with some people on the “experience” issue, the Obama-as-affirmative-action-poster-boy argument was practically DOA.

The problem with Sotomayor is that she is a judicial nominee: they are by their very nature supposed to be reserved, and are not in general supposed to go out and engage their critics and otherwise carry their own standard.  This just does not mix well with the political circus atmosphere that judical confirmation proceedings have become, particularly for SCOTUS.  The whole thing becomes a fight-by-proxy, and in a sense, reality is therefore created rather than investigated.  (This infects everything these days, but I often think it began with televised judicial confirmation proceedings.)

I suspect Sotomayor would be able to easily dispel notions of her being unintelligent or unqualified given free rein—certainly she would at least be able to bring the whole debate further into the reality-based community rather than cloud-cuckoo land where it now resides—but unfortunately the major problem here is systemic.

Comment #2: Felix Culpa  on  05/27  at  01:24 PM

This is the underlying argument (“White straight males don’t have a race, a gender or a sexual orientation!”) against the Federal Hate Crimes legislation.

And that’s why it’s always hilarious (in a sickening sort of way) to hear these fuckers whining about “identity politics”, since the above is by far the most successful and ubiquitous identity-politics strategy going.

Comment #3: Steve LaBonne  on  05/27  at  01:55 PM

The best tactic to insure Sotomayor’s approval is to “let the GOP be the GOP”.  RushBillHannity and their fellow bloviators will spew racist crap that will horrify everyone but their diehard 20% and the GOP senators who must run for re-election will run around like headless chickens as they pivot between trying to placate their rightwingnut base and not alienating potential voters (women, minorities).

Bring a big bucket of popcorn!

Comment #4: CParis  on  05/27  at  02:16 PM

She thinks that judges should dictate policy and that one’s sex, race and ethnicity ought to affect the decisions one renders from the bench.

I completely agree!  Conservative white men should stop pushing their phallus-worshiping laws just because they feel insecure about their own manhood.  Oh wait, that’s now what she meant?

Comment #5: bananacat  on  05/27  at  02:18 PM

I think the idea that Sotomayor was intellectually incapable got started, or at least got a lot of momentum and credibility, with a smear piece by Jeffrey Rosen in The New Republic on May 4: http://www.tnr.com/politics/story.html?id=45d56e6f-f497-4b19-9c63-04e10199a085.

Titled “The Case Against Sotomayor,” it is really just a collection of what a few anonymous sources passed on as gossip, and here is Rosen’s ridiculous follow-up yesterday, expressing such surprise that conservatives would now use his earlier portrayal of her as intellectually incapable, in order to portray her as intellectually incapable: http://blogs.tnr.com/tnr/blogs/the_plank/archive/2009/05/26/the-sotomayor-nomination.aspx

Comment #6: Luke  on  05/27  at  02:50 PM

Not sure if the Rosen piece had already been brought up and discussed here, but there it is anyway.

Comment #7: Luke  on  05/27  at  02:52 PM

“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.”

This is the quote that will piss off the racists/sexists. Just the mere implication that there is something that might not be accessible to you*, just because you are a white male, will seem “so not fair!” to some and enfuriating to others.

*Nevermind what that something is—getting turned down for a loan, being denied a promotion, being sexually harassed, etc.

Comment #8: Diane  on  05/27  at  03:04 PM

This reminds me of when we were studying different types of American accents in college.  One guy in my class was convinced that he did not have an accent.  It didn’t help that we all had/have Western accents, which are typically the standard in radio, film, and television, but still.

Comment #9: keshmeshi  on  05/27  at  03:18 PM

Thus, you have one wingnut after another pretending to be shocked, shocked I tell you, that Sotomayor made a speech where she acknowledged that the different experiences of different people might have some bearing on what decisions they make.  To find this offensive, you have to actually believe that white men don’t have a race or gender, therefore they can’t be influenced by race or gender.

I suspect the people finding that offensive would be equally offended if, through an odd set of circumstances, all the sitting justices were from New York and California and to fill a vacant position the president picked another person from New York.  They’d probably be screaming about how “real America” wasn’t being represented.

Comment #10: KeithM  on  05/27  at  03:37 PM

what annoys me is the idea that a white appointee would be *incapable* of making good and fair judgements for everyone, therefor we MUST have ourselves a person of visible minority on the supreme court. However, I’m mostly concerned that Sotomayor is a devout catholic. It doesn’t really bode well for reproductive rights

Comment #11: Stephanie  on  05/27  at  04:45 PM

It reminds me of when I was a little kid, and I believed that vanilla ice cream was “plain” instead of having a flavor. As in, I could choose chocolate, strawberry, or plain.

Conservatives apparently never outgrew that.

Comment #12: Redshift  on  05/27  at  04:49 PM

Stephanie:

You miss the point.  It’s not that there aren’t a ton of white male progressive lawyers who wouldn’t be good picks.  The reason you seek diversity per se is that it gives a richer menu of viewpoints.  It isn’t about ability, it’s about vision.  I’ve chaired innumerable committees and those with mixed gender and mixed backgrounds were always the most productive.  No single life vision or experience set has an exclusive grip of wisdom.

Comment #13: Magis  on  05/27  at  04:55 PM

I’m almost startled at how quickly the right moved towards race-baiting.

Almost.  But in fact it’s completely predictable.  This is the Tom Tancredo/Duncan Hunter bunch.  It’s what they do.

I guess that means they’ve got nothing else to attack her with

So far all they can do is pound on the table and call her names.  Her credentials are impeccable.

Comment #14: liberalrob  on  05/27  at  05:15 PM

Of course, white men utilize undue influence, called privilege, of their race and gender all the time.  But as the above comments demonstrate, people don’t see it that way, because we’re conditioned to think of white men as having neither race nor gender.

I know this is pretty much a pointless comment but - THIS!
I wish I could put that as succinctly as you have.

Comment #15: Danica Lefse Queen  on  05/27  at  05:35 PM

what annoys me is the idea that a white appointee would be *incapable* of making good and fair judgements for everyone, therefor we MUST have ourselves a person of visible minority on the supreme court.

Straw man.  Nobody has ever put forth the notion that a white male would be “incapable” of rendering fair judgments in this process.  While there’s no denying that there was a strong push for and a presumption that Obama would pick someone other than a white male, it wasn’t rooted in any sort of thinking that white males were incapable of being fair-minded, but rather in the reality of the court, which is and always has been heavily dominated by white males - 106 out of 110 SCOTUS justices throughout American history have been white males.  That reality indicates that the 220 year “conventional wisdom” in making these appointments has been that white males are almost always the most capable of being fair-minded in their judgment, and this appointment was intended to be a direct refutation of that presumption.

However, I’m mostly concerned that Sotomayor is a devout catholic. It doesn’t really bode well for reproductive rights.

Somewhat more legit concern, but no, even that isn’t based in reality.  The fact is, all we know about Sotomayor’s affiliation with Catholicism is that she was raised Roman Catholic.  Which is true for probably more than 90% of first-generation Puerto Ricans living in mainland United States.  Gallup recently found that American Catholics were no more likely to be opposed to abortion than non-Catholic Americans.  The same poll also found that Roman Catholic Americans are MORE tolerant of premarital sex, divorce, and homosexual relations than non-Roman Catholic Americans.  In addition, President Obama scored a larger majority among the Catholic vote than he did the overall vote in November.

I am not an actively practicing Roman Catholic (or a member of any organized religion), but I was born and raised a Roman Catholic.  If I were to be in the process of being appointed to a high-level job like Sotomayor is, I would likely be categorized as a Roman Catholic, despite the fact that I haven’t regularly attended church or followed RCC teachings and traditions in more than a decade.  It is true that the most devout members of that faith tend to be more anti-choice than not, and clearly the official stance of the RCC is anti-choice, but there are so many people in America who are considered “Catholic” who barely have anything to do with the church or its teachings that I don’t automatically presume that if someone is categorized as Roman Catholic that they will automatically be an anti-choice wingnut.  Both Nancy Pelosi and Ted Kennedy are Roman Catholics as well, but does anybody ever worry about either of them pushing or supporting anti-choice legislation?

I don’t like that SCOTUS will have 6 Roman Catholics with this appointment.  That said, I think there is a pretty huge divide in the ideology of Roman Catholic hierarchy and leaders and the actual members of the Roman Catholic Church in America - most American Catholics just don’t practice or believe in what the RCC officially teaches when it comes to sex and reproduction issues.  With that in mind, I have absolutely no fears whatsoever about Sotomayor becoming a fifth vote to overturn Roe or taking strong anti-choice positions in her judicial opinions on SCOTUS.

Comment #16: DTG in STL  on  05/27  at  05:55 PM

This is such great news.

I knew that White men’s pants would be on fire today!

Ha!

Comment #17: Uhura, The Black Gurl  on  05/27  at  06:03 PM

what annoys me is the idea that a white appointee would be *incapable* of making good and fair judgements for everyone, therefor we MUST have ourselves a person of visible minority on the supreme court.

America is a country with a lot of really, really smart, capable, intelligent, empathetic people in it.  And a lot of them are white dudes.  I bet you could fill every important government job in Washington with a capable white dude.  But you could also fill it with a capable non-white, non-dude, who brings with her a point of view that isn’t just an intellectual exercise.  There are plenty of people in power who can speak with authority on what it is like to be a white dude in power.  We don’t need more of that viewpoint and believe me, we are in zero danger of running out of white dudes in positions of power.

Comment #18: Denise  on  05/27  at  06:05 PM

Screwing 90% of the people over for the benefit of the top 10%?  Check.  Screaming “CLASS WARFARE!” when somebody notices what you’re doing?  Check.

Perpetuating outdated social structures which keep women and men and their families down, save for a magic bulletproof few at the top?  Check.  Screaming “ANTI-FAMILY!” and “REVERSE SEXIST!” when somebody tries to make it better?  Check.

Arbitrarily deciding that certain of your citizens aren’t entitled to civil rights because they love their own gender?  Check.  Screaming “SPECIAL PRIVILEGES!” when somebody asks for equal rights across the board?  Check.

Ensuring that middle aged white men with conservative social views have a dead-set lock on your highest court for over two centuries?  Check.  Screaming “RACIST!” or “REVERSE RACIST!”  when tiny, tiny fraction of those who aren’t white men get a shot at such a position?  Check, and in progress.

Comment #19: seeker6079  on  05/27  at  06:22 PM

</i>“You’d think that they’d try out a few other lines of attack before resorting to, “Fear the Hispanics!”, but no.  I guess that means they’ve got nothing else to attack her with,”<i>

Nope, They would go to the racist path even if they did have something better, its in thier nature

Comment #20: jefft452  on  05/27  at  06:28 PM

<quote>
They would go to the racist path even if they did have something better, its in thier nature
</quote>
Yes indeed they would. Remember the Donovan McNabb/Rush Limbaugh episode? That’s exactly what Limbaugh did then, because that’s exactly what he does.

Comment #21: befuggled  on  05/27  at  08:18 PM

You’re so racist and sexist, implying that white men think of themselves as the default wink

Comment #22: annejumps  on  05/27  at  08:22 PM

“Why do you think she is really smart?”

Hm, I wonder why people would think that.  It really is a great mystery…

“Sotomayor graduated with an A.B., summa cum laude, from Princeton in 1976, and received her J.D. from Yale Law School in 1979, where she was an editor at the Yale Law Journal. She worked as an Assistant District Attorney in New York for a time before entering private practice in 1984. Sotomayor was nominated to the U.S. District Court for the Southern District of New York by President George H. W. Bush in 1991 and confirmed in 1992.”

You’re right, she must be as dumb as a box-of-rocks/sack-of-hammers/bag-of-dicks with that kind of résumé...

Comment #23: MikeEss  on  05/27  at  08:41 PM

I knew that White men’s pants would be on fire today!

White men are all wearing hot pants today?  Do tell!

Comment #24: Ms Kate  on  05/27  at  11:03 PM

When a middle-aged white guy gets nominated, no one dares say that one big thing he had going for him is that he’s a middle-aged white guy. Instead, you always see some kind of narrative of adversity, like Alito’s coolness factor for being the son of italian immigrants. Because, y’know, coming from a well-off country with a long history of highly-developed culture and a huge, fairly closeknit immigrant support community is so incredibly effing difficult.

It also reminds me of the epiphany a friend had when she did law review at columbia in the 80s. Almost all the other people, aka guys, on the editorial board were either married or had steady girlfriends, and she marveled how they could do all the work of law school and still have time for a relationship. Then she met the wives/girfriends and understood that it was actually the other way around: having someone to take care of the laundry/social calendar/cleaning/cooking/emotional support was a big part of what helped those guys excel. Unmarked privilege truly is a wonderful thing for them as have it.

Comment #25: paul  on  05/27  at  11:11 PM

The best tactic to insure Sotomayor’s approval is to “let the GOP be the GOP”.  RushBillHannity and their fellow bloviators will spew racist crap that will horrify everyone but their diehard 20%

Exactly.  This is why I think Sotomayor was trotted out first - even the Boston Herald won’t diss her, and for good reason.  She has extensive qualification and was initially elevated to federal service by a republican president.  Most of the canned and pre-decided “mad-lib” attacks reek of epic fail as a result, and serve only to highlight the race, class, and gender baiting and whistling.

Fools bloviate where angels fear to whisper.

Comment #26: Ms Kate  on  05/27  at  11:11 PM

This is the quote that will piss off the racists/sexists. Just the mere implication that there is something that might not be accessible to you*, just because you are a white male, will seem “so not fair!” to some and enfuriating to others.

Indeed. Someone at my blog went from concern troll to rabid raccoon when I told him that no man on the Supreme Court can make it more representative of the U.S. population.

Comment #27: Emily  on  05/28  at  01:26 AM

Indeed. Someone at my blog went from concern troll to rabid raccoon when I told him that no man on the Supreme Court can make it more representative of the U.S. population.

Heh heh heh. I LIKE that.

Comment #28: gwangung  on  05/28  at  02:51 AM

“But there’s no reason to think that if there was no such thing as affirmative action that conservatives wouldn’t find another excuse…”

if there were no affirmative action, would she even have a shot? would Obama have had a shot, or H.Clinton? affirmative action is the thing that allows non-white people to show that they are just as capable as white dudes. i really, seriously think that if it were not for affirmative action, 99.9% of the office holders and beaurocrats in this country would be white dudes, because it would be unthinkable that a non-white dude could do the job. any of the jobs. i doubt we would have more than a single token non-white-dude in the entirety of Congress.

so, thank gods for affirmative action. because there are *lots* of qualified people who still don’t get a chance to prove they can do something just because they are not white-males.

Comment #29: denelian  on  05/28  at  04:34 AM

Why is it we only call it affirmative action when someone who isn’t a white dude gets a leg up? No one would dare call the old boy network affirmatveaction, would they?

Comment #30: paul  on  05/28  at  08:18 AM

Why is it we only call it affirmative action ...

Silly person. White men picking other white men for important positions is the very definition of a meritocracy.

Comment #31: Hector B.  on  05/28  at  05:09 PM
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