Sotomayor hearings: Judge references Samuel Alito's comments about his own background

At one point during Arizona Sen. Jon Kyl’s third-degree examination of Sonia Sotomayor over her “wise Latina” comments, the judge pointed out that a sitting Supreme Court Justice had once acknowledged the influence of his background and personal experiences on his decision-making. 

During his own 2006 confirmation hearings before the Judiciary Committee, the famously conservative Samuel Alito told senators that his Italian-immigrant background affects the ways he hears cases, she said.

Vermont Sen. Patrick Leahy hammered home that point before breaking, when he read out loud Alito’s exact quote:

“When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.”

– Kate Linthicum

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Photo: Samuel Alito. Credit: Brendan Smialowski / Getty Images

Comments

[for parity]

But did Alito claim that his experience would allow him often than not reach a better conclusion than a brown Hispanic woman who hasn't...

Malcolm left out the "white man" part - which is the context of the issue at hand.

[Bonny]

Alito never said he was going to make BETTER decisions that someone else because he was white and the other person was not white, big difference.

[Piotr Orloff]

I believe almost categorically that Judge Sotomayor's background would be more helpful than that of a white man in this context.

[C L]

Justice Samuel Alito, during his confirmation hearing:

..."Because when a case comes before me involving, let’s say, someone who is an immigrant — and we get an awful lot of immigration cases and naturalization cases — I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position…

When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account."

From Senator's Kay Bailey Hutchinson's website:

"The experience of balancing a full-time job with a full-time family has given me a unique insight into the needs of working families across Texas and throughout our nation...I have been fortunate to use this perspective to shape legislation that will empower mothers to make choices that are best for them and their children. In fact, two of my proudest legislative accomplishments have been borne out of family considerations."

Justice Sandra Day O'Connor:

“My experience as a legislator gives me a different perspective. Also, I bring to the court the perspective of a woman primarily in a sense that I am female, just as I am white, a college graduate, etc."

Justice Antonin Scalia

"This complete separation of the judiciary from the enterprise of "representative government" might have some truth in those countries where judges neither make law themselves nor set aside the laws enacted by the legislature. It is not a true picture of the American system. Not only do state-court judges possess the power to "make" common law, but they have the immense power to shape the States' constitutions as well. See, e.g., Baker v. State, 170 Vt. 194, 744 A. 2d 864 (1999). Which is precisely why the election of state judges became popular."

I guess personal experience matters only for white people, not others.