If the U.S. Senate rejects race-based justice, Sonia Sotomayor will never sit on the Supreme Court.
Because that is what Sonia is all about. As The New York Times reported Saturday, the salient cause of her career has been advancing persons of color, over whites, based on race and national origin.
"Judge Sotomayor, whose parents moved to New York from Puerto Rico," writes reporter David Kirkpatrick, "has championed the importance of considering race and ethnicity in admissions, hiring and even judicial selection at almost every stage of her career."
At Princeton, she headed up Accion Puertorriquena, which filed a complaint with the Department of Health, Education and Welfare demanding that her school hire Hispanic teachers. At Yale, she co-chaired a coalition of non-black minorities of color that demanded more Latino professors and administrators.
At Yale, she "shared the alarm of others in the group when the Supreme Court prohibited the use of quotas in university admissions in the 1978 decision Regents of the University of California v. Bakke."
Alan Bakke was an applicant to the UC medical school at Davis who was rejected, though his test scores were higher than almost all of the minority students who were admitted. Bakke was white.
After Yale, Sotomayor joined the National Council of La Raza and the board of the Puerto Rican Legal Defense Fund. Both promote race and ethnic preferences, affirmative action and quotas for Hispanics.
But why should Puerto Ricans like Sotomayor, who were never subjected to slavery or Jim Crow -- their island was liberated from Spain in 1898 by the United States -- get racial or ethnic preferences over Polish- or Portuguese-Americans?
What is the justification for this kind of discrimination?
Like Lani Guinier, the Clinton appointee rejected for reverse racism, Sonia Sotomayor is a quota queen. She believes in, preaches and practices race-based justice. Her burying the appeal of the white New Haven firefighters, who were denied promotions they had won in competitive exams, was a no-brainer for her.
In her world, equal justice takes a back seat to tribal justice.
Now, people often come out to vote for one of their own. Catholics for JFK, evangelicals for Mike Huckabee, women for Hillary Clinton, Mormons for Mitt Romney, Jews for Joe Lieberman and African-Americans for Barack Obama. That is political reality and an exercise of political freedom.
But tribal justice is un-American.