Judicial Wisdom

There is quite a buzz in the news as the Judiciary Committee prepares to interview Judge Sotomayer and make a recommendation for her appointment to the Supreme Court. While nothing is certain, it is probable that she will be a Supreme Court Justice in the very near future. At the same time there is the concern over some statements she made that are now being publicly dissected and examined.

The statement that has received the most attention is her comment on a statement that had been made by former Supreme Court Justice O’Connor “a wise old man and a wise old woman reach the same conclusion.”

Judge Sotomayor stated that she didn’t agree, that "First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. 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 from the Associated Press as of 28 May).
This brought the following response from former Speaker of the House Newt Gingrich:

"Imagine a judicial nominee said 'my experience as a white man makes me better than a Latina woman.' Wouldn't they have to withdraw? New racism is no better than old racism. A white man racist nominee would be forced to withdraw. Latina woman racist should also withdraw."

Mr. Gingrich makes an excellent point, though I suspect Judge Sotomayor will be confirmed nonetheless. As to those who will argue (and probably already are arguing) that this is a sound bight taken out of context, I would respond that the remark was made during a presentation Judge Sotomayor gave at the University of California Berkeley School of Law. Generally, when professionals give a presentation they spend time preparing for it, to include framing responses for various questions. This should be particularly true if you are a judge giving a talk at a law school. Remarks made in that context cannot and should not be dismissed as off the cuff sound bites.

That being said, it is another remark that Judge Sotomayor made at that presentation that is more serious. The remark is: "Our experiences as women and people of color affect our decisions."

It is true that our experiences can affect our decisions. But, in fact, that is exactly what the law is NOT supposed to do, nor is a judge supposed to be partial based upon his or her own perspectives. The law, and judges as the arbiter of the law, is supposed to be impartial to all other influences, including their own.

The law must be applied evenly, impartially and fairly. Judge Sotomayor appears to be defending her ‘right’ to give judgments in which her own personnel experiences will and should be allowed to affect those judgments. Judge Sotomayor needs to explain herself.

The motto of the United States is ‘E Pluribus Unum,’ ‘Out of many one.’ At a wide range of levels it means that we all come together and become equal. We were Irish or English or German or Senegalese or Argentine or Vietnamese or Chinese. We were black or white or brown. We were Catholic or Lutheran or Jew or Hindu. But now we are one. We forget the divisions of the old world and build a new world, and a better society here. We are still Catholic or Jew or Muslim, we are still Irish descent or Malawi descent. But from society’s perspective, from the law’s perspective, we are all simply Americans.

Teddy Roosevelt spoke many years ago of the need to end what he called ‘hyphenated Americanism.’ Just five years ago, another man, Barack Obama, echoed that call, reminding us that we are all Americans. In the exact same sense, a judge is not, cannot be, must not be, a ‘white judge,’ or a ‘male judge,’ or a female judge,’ or an ‘Irish Catholic Judge,’ or any other kind of judge. A judge must be ‘just’ a judge.

This nation has been on a journey for almost 233 years to establish, as is written on the Supreme Court Building ‘Equal Justice Under Law.’ Justice, as we are often reminded, is blind – blind to such things as color, race, religion, income, gender, political party and a host of other things, including personal perspectives. In the near future, when she is likely to be sitting inside that building, Judge Sotomayor needs to remember that.

In Memoriam

You often hear people say that there are no real heroes anymore. I never had that problem. In fact, I grew up surrounded by heroes.

In no particular order there was my uncle Bill (and my Godfather), Bill McLaughlin. Uncle Bill was an amateur historian, a traveling salesman, a father of eight and a natural story teller. US Army, Pacific theater, horse soldier in artillery turned infantry. Silver Star on Leyte.

Uncle ‘Red’ - Francis Xavier ‘FX’ O’Meara – a master carpenter with sparkling eyes and an incredible smile, and another natural story teller, father of four. He was a combat engineer in the 3rd Army.

Uncle Robert - Robert O’Meara. My father’s best friend – they met in the 3rd grade at St. Matthew’s where they both became altar boys (and it’s how my dad met my mom). They were best friends for the rest of their lives. Robert taught science in high school, and was able to do seemingly anything, and had a son. A medic, he landed at Normandy, on Omaha Beach.

Uncle Reid - Reid O’Brien, my father’s oldest brother. A mathematician by trade, he became a teacher, and had three daughters and a son. A Navy man, ended up in the Pacific, as a navigator and as a navigation instructor.

Uncle John – John Reilly. John was an engineer, with six children. A large and happy man, I never saw him get angry at a soul. He tried to join the Army, but, as he was working on the F-4U Corsair at the time he was denied, spending the war making airplanes for the Navy and Marines.

Uncle Paul – Paul O’Brien. Also my father’s brother, and an orthopedic surgeon, two sons and two daughters, and without question the kindest human being I have ever met. Until the day he died he relaxed by reading classic Greek poetry in the ancient Greek. US Army Surgeon.

My Father – Robert O’Brien. He was by all accounts a superb surgeon – plastic and reconstructive surgery, and of all of that generation in my family, the only one to remain in the service, serving in the Navy from 1942 to 1967. He was the greatest man I ever met, able to do anything, and do it well.

I could talk for hours about any one of them. Or their wives – my aunts – all wonderful, strong, bright women, but I will save that for another day.

And there are some others that I want to mention. Close friends of my father who we saw at the house, who counseled us all, and who told us all the most amazing stories:

Ted Starzynski – Navy Surgeon, brilliant, from a family of brilliant over-achievers, and perhaps the toughest man I ever met.

Captain Lewis Haynes – a kind, warm, incredibly brave man who would regularly visit our house, and who one day, in a very quiet voice, told me the most terrible, and noble story I have heard – he was ship’s surgeon on the USS Indianapolis. He is one of the bravest men I will ever meet.

Roger O’Neil – Another superb surgeon, another superb human being, with a sense of humor to match.

Captain Ryan – And still another superb surgeon and superb human being. All just wonderfully good men. I had the honor of ensuring that he received full military honors at his funeral.

And then there are the men in the picture, a picture in a book written by my uncle Bill. We would hear stories about each of these men every time we had a holiday and the family got together. It is a non-descript picture – just a bunch of guys at a table, in their early twenties, full of piss and vinegar, all laughing and acting up, posing for a picture: the Dorgan’s Baseball Club of Dorchester MA. Dick Hodgens, Tom Mulkerin, Maurice Driscoll, Harry Holtzman, FX O’Meara (my uncle), Jim Sullivan, Jack Daley, Billy Walsh, John Hassan, Bill McLaughlin (my uncle), Charly Martin and Billie Martin. We would hear their names and hilarious stories were attached to each, as each got himself into and out of all sorts of trouble. Just a bunch of ordinary guys. They all joined up (the picture was taken at a farewell dinner of sorts for all of them). My uncle Bill told me that every man there received at least one Bronze Star for valor several received more than one), that there were three or four with Silver Stars, and Billy Walsh received the Medal Of Honor on Iwo Jima after jumping on a grenade and sacrificing himself for his platoon. Just ordinary guys.

Were they perfect? No. They all raised families, they all had hard times and good times. There were illnesses and troubles with the kids (me and my brothers and sisters and my cousins). There was trouble at work. And they all helped each other, but no one ever asked for help. And they all made things work. They are better men then I am, of that I have no doubt. And they taught me invaluable lessons, and what good that can be found in me is because of them.

May God Bless Them All. And God Bless America.

Requiescat in Pacem