Morning Bell: The Judicial Oath vs Sonia Sotomayor

Conn Carroll / July 13, 2009

I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution and laws of the United States. So help me God.

– The Judicial Oath, USC Title 28, Section 453.

Whether born from experience or inherent physiological or cultural differences … our gender and national origins may and will make a difference in our judging. 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 also not so sure that I agree with the statement. … 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.

– Supreme Court nominee Sonia Sotomayor, Spring 2002 issue of Berkeley La Raza Law Journal. (more…)