Sotomayor and Identity Politics

Republicans "oppose her at their peril."

--Sen. Chuck Schumer, speaking on Sotomayor Supreme Court nomination

Identity politics is political action to advance the interests of members of a group whose members perceive themselves to be oppressed by virtue of a shared and marginalized identity (such as race, ethnicity, religion, gender, and sexual orientation).

--Wikipedia entry

And "children of poverty" represent yet another oppressed group. Sonia Sotomayor is female, up from the projects, and the first-ever Hispanic nominated to the Supreme Court. Since Democrats know she will be confirmed, it’s just the frosting on the cake when Republicans take her on, thereby alienating the fastest-growing and still fluid Hispanic voting bloc, as well as all the downscale, feeling-poor people watching our failing economy from the sidelines.

Here’s why Republicans have to oppose Sotomayor. It’s Ricci v. DeStefano, which concerns the blocked promotion of white (including one Hispanic) firefighters in New Haven. In the case, heard last year by a three-judge panel including Sotomayor, the city refused to certify promotion exams because none of the 19 promoted were black. The Sotomayor panel issued a brief opinion upholding the district court's decision, an outcome that infuriated Sotomayor colleague, Clinton appointee, and fellow HIspanic Jose Cabranes, who criticized Sotomayor’s slip-shod handling of the case.

The Sotomayor panel’s ruling, which the Supreme Court may overturn in June, identifies her with proponents of affirmative action, the identity politics centerpiece that pushes favored groups at the expense of other groups based on race. The Pew Research Center’s recent polling of Americans on affirmative action found the country opposed by a 65%-31% supermajority to preferential treatment for certain ethnic groups.

So while Sotomayor’s appointment honors those who rise from poverty, honors her Hispanic heritage, and helps Democrats gain Hispanic support, her affirmative action activism groups her and Democrats with a minority of Americans. Sotomayor's identity politics warrents a Republican challenge—Schumer or no Schumer.