Michelle Malkin

Clever. Challenging Sotomayor's credentials and extreme views on race and the law is not merely anti-Hispanic. It's anti-American!

More significantly, McCaskill waved the high-hurdle card after being asked to defend Sotomayor's infamous statement at a 2001 University of California at Berkeley speech asserting brown-skin moral authority: "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." McCaskill actually denied that Sotomayor had made the remarks, then argued the words were taken out of context.

You want context? It's even worse than that sound bite. As National Journal legal analyst Stuart Taylor reported, "Sotomayor also referred to the cardinal duty of judges to be impartial as a mere 'aspiration because it denies the fact that we are by our experiences making different choices than others.' And she suggested that 'inherent physiological or cultural differences' may help explain why 'our gender and national origins may and will make a difference in our judging.'" The full speech was reprinted in something called the Berkeley La Raza Law Journal. "La Raza" is Spanish for "The Race." Imagine if a white male Republican court nominee had published in a law review called "The Race."

The selective elevation of hardship as primary qualification demeans the entire judiciary. If personal turmoil makes one "incredibly qualified to pass judgment on some of the most important cases in our country," let's put reality-show couple Jon and Kate Gosselin on the bench. Millions of viewers tune in to watch their "compelling personal story" of life with eight children on television. It's a "richly, uniquely American experience" of facing obstacles and overcoming the odds. Get them robes and gavels, stat.

The lesson is that not all compelling personal stories are equal. McCaskill's assertion that "overcoming incredible odds" is "new to the courts" is ridiculous. Is she arguing that Thurgood Marshall, Felix Frankfurter and Sandra Day O'Connor faced lower hurdles than Sotomayor? And how about Clarence Thomas, a descendant of slaves who grew up in abject poverty in the South without a father? His crime, of course, was embracing the wrong ideology. So his incredible set of odds and obstacles don't count in left-wing eyes.

Democrats are eager to celebrate diversity, you see, as long as the diversely pigmented pledge allegiance to the Left for life.


Michelle Malkin

Michelle Malkin is the author of "Culture of Corruption: Obama and his Team of Tax Cheats, Crooks & Cronies" (Regnery 2010).

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