The Illusion of Blind Justice

[orwell]

It is quite amusing how Republicans posture and puff their chests about this mythical concept of blind justice. Justice has never been blind.

Of course Judge Sotomayor would bring her own perspective to the court. Of course her worldview and life experiences would inform her decisions. Judges are not robots, they are not umpires, they are complex human beings. That is precisely the point about why diversity is important in all levels of a representative democracy.

My uncle worked for the DA's office. He frequently told me that one of the differences between a highly effective lawyer and a poor one was the ability for the better lawyer to set up the case in a venue most favorable to the client. He said that he could almost predict the outcome of the case depending on the courtroom it was heard. Some judges were known to throw the book at rapists or wife beaters, yet go easy on other forms of violent crime. Others would throw the book at defendants who used a gun in commission of a crime while others judges were far more lenient. He said this was a known reality of the court system. This was precisely why movements like California's Three Strikes laws gained traction. This is also why mandatory sentencing laws became more prevalent.

The point is justice has never been blind. It involves humans deciding the fate of other humans with the absolute power of the state behind them. Judging has and probably always will be a political act, whether you or I like it or not. The best that we can hope for is that we nominate judges to the highest courts who realize this fact and try to temper their inherent biases with wisdom and humility. In this respect Judge Sotomayor seems to an excellent choice.

It is quite tiring to watch these senators dance around this chimera. The only thing blind in this hearing is the idolatry of the zealots who challenge this nomination.

[BlueJazz]

1. Oh..Yes..The Rich are the first ones to tell everybody else about how the Justice in this country..

...is always fair.

An example: This Female Teenager hit a pedestrian a while back (in my town)....PLUS She ran (drove) from the scene and her Father
washed the Car and all that crap.
The Cops caught her and last week she received Probation. NO jail time and her Father was not even charged.

Do I have to tell you that they were/are quite Wealthy ??

What do you think would have happened if She were a poor Black ?? HA !!

ON EDIT: Yes She Killed the Person

[orwell]

2. The are numerous examples...

...the starkest are those of death row cases.

The wealthy get special justice in this country, as well as most other countries on the planet. That is the point of the post. Blind justice is impossible. That is why it is so laughable that these blowhards reference it as if it were fact - but only on the conservative bench. Terms like "strict constructionalist", and "constitutionalist", are thrown about as if they represent some real world judges out there. My claim is that such a judge doesn't exist. The best we can hope for is wise justice.

Maybe the pedestrian can file a civil case against the rich family.

[el_bryanto]

3. It is a childish delusion of the Republicans that the law is clear and easly understood

Every honest person looking at the constitution and the legal code would automatically come to the right answer, which happens to be the conservative answer.

It's pretty convenient; any non conservative interpretation of the law must be corrupt. But it is, in my opinion, a bit childish.

Bryant

[orwell]

4. I agree...

...law is often ambiguous. Conservatives like to cling to the notion that the Constitution is unambiguous, but 200+ years of interpretation has proved that notion incorrect.

As Sotomayor stated, the Constitution doesn't change, but the society does.

Ambiguity requires interpretation. That is the whole raison d'etre for the Supreme Court.

[csziggy]

5. Someone who is aware of their possible bias is more likely to be fair

Than the smug old white men that assume that they are not biased and do not take that into consideration.

I would much prefer to have a judge with Judge Sotomayor's self-awareness rule on a case than Roberts or Alito.